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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 638/2019
W/O. SRI KARTIK JAIN, D/O. SRI MAHABIR JAIN, R/O. 2ND FLOOR, SHIV
KUNJ, AADARSH NAGAR COLONY, OPPOSITE GAUHATI GOUSHALA,
CHATRIBARI, GUWAHATI-781008, DIST. KAMRUP (M), ASSAM.
1:THE STATE OF MIZORAM AND 2 ORS.
REP. BY PP, GOVT. OF MIZORAM, GUWAHATI HIGH COURT, PRINCIPAL
2:THE STATE OF ASSAM
REP. BY PP
GUWAHATI HIGH COURT
S/O. SRI SUMER MAL JAIN @ PAHARIA
R/O. CHANMARI RAMHLUN ROAD
PERMANENT ADDRESS- HOUSE NO. A/51
C/O. SRI SUMERMAL JAIN @ PAHARIA
Advocate for the Petitioner : MR. A K PURKAYASTHA
Advocate for the Respondent : GA, MIZORAM
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HONOURABLE MR. JUSTICE SUMAN SHYAM
Heard Mr. A. K. Purkayastha, learned counsel for the petitioner. I have
also heard Mr. A. D. Choudhury, learned Additional Advocate General/Public
Prosecutor for the State of Mizoram appearing on behalf of the respondent
This Criminal Petition has been filed under Section 482 Cr.P.C. with a
prayer for quashing the F.I.R. dated 04.06.2018 based on which Aizawl P.S. Case
No.122/2018 has been registered under Section 406 IPC as well as the warrant of
arrest dated 09.05.2019 issued against the petitioner in connection thereof.
By referring to the F.I.R. Mr. Purkayastha submits that the same does not
disclose any ingredients of a cognizable offence, but the proceedings have
been initiated only to harass his client.
From a perusal of the materials available on record, I am of the prima
facie view that the F.I.R. does not disclose the ingredients of a congnizable
offence permitting the police to conduct investigation in the matter.
Mr. Choudhury, learned Public Prosecutor, Mizoram, prays for some time
to obtain instruction in the matter.
Issue notice returnable in six weeks.
Since the respondent No.1 is already represented, petitioner to take steps
for service of notice upon the respondent Nos.2 and 3. Steps by registered post
with A/D as well as by usual process within a week from today.
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Heard on the prayer for interim relief.
Considering the facts and circumstances of the case, it is hereby
provided that the police may go ahead with the investigation of the case, if so
advised, but shall not initiate any coercive action against the petitioner without
the leave of this Court. Further, the warrant of arrest dated 09.05.2019 issued
against the petitioner shall remain suspended until further orders.