C.R.R. 1421 of 2018
Re:- An application under Section 401 read with Section 482 of the Code of
Criminal Procedure, 1973 filed on 6th June, 2018;
In Re: Sri Hardeep Singh Purba and others
Mr. Tilak Mitra
Mr. Samit Bhanja
Ms. Dipanwita De
Ms. A. Saha
.. for the Petitioners
The Learned Advocate appearing on behalf of the petitioners submits that
due to inadvertence the de facto complainant of this case has not been added as
a party. He prays that the petitioners may be allowed to add the de facto
complainant as an opposite party and the Learned Advocate on record may be
permitted to correct the cause title to that effect. Leave is granted for the same.
This is an application for quashing of the proceeding in which the Charge
sheet has been filed under Sections 323/498A/509 read with Section 34 of the
The Learned Advocate appearing on behalf of the petitioners submits that on
27th April, 2017 the de facto complainant submitted a written complaint before
the Karaya Police Station which was registered as an FIR on 29th April, 2017.
This led to the present proceedings.
He further submits that the de facto complainant thereafter filed the First
Information Report on the selfsame cause of action at the Jorhat Police Station
in Assam on 28th April, 2017.
The Learned Advocate submits that the second FIR on the selfsame cause of
action against the same accused cannot be maintained.
He further submits that the Hon’ble Gauhati High Court by order dated 27th
April, 2018 passed in Criminal Petition No.760 of 2017 dismissed an application
for quashing of the FIR lodged at Jorhat Police Station by holding that the FIR
lodged at the Jorhat Police Station was the first in point of time.
Let the petitioners serve a copy of the application upon the State through
the Learned Public Prosecutor and upon the opposite party no.2 by Speed Post
An affidavit-of-service shall be filed on the next date of hearing.
Let this matter come up for hearing as a “Contested Application” four weeks
The State is directed to produce the case diary on the next date of hearing.
Urgent photostat certified copy of this order, if applied for, be given to the
parties upon compliance of all requisite formalities.
(Jay Sengupta, J.)