LAXMIKANT FULFAGAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this criminal petition the petitioner has approached this Court praying for quashing the FIR dated 17.9.2009 filed by the respondent No. 2 with the O/C, Nagaon Police Station whereupon Nagaon PS Case No. 1320/09 under Sections 406/420, IPC has been registered.

(2.) Heard Mr. K.R. Surana, learned Counsel for the petitioner and Mr. AH Khandakar, learned Counsel appearing for the respondent No. 2 and Mr. B. Gogoi, learned Addl. PP for the State.

(3.) The learned Counsel for the petitioner submits that on earlier occasion the petitioner filed a complaint petition before the learned CJM, Nagaon on some facts as alleged in the FIR which was registered and numbered as CR Case No. 3554/09. The aforesaid complaint case was made over upon the learned Addl. CJM for disposal vide order dated 16.6.2009. On 17.9.2009 on the prayer of the complainant, the aforesaid complaint case was allowed to be withdrawn and the case was dismissed on withdrawal. The ground for withdrawal was that the parties are ready for negotiation of the dispute. However, on the same date i.e. 17.9.2009 the aforesaid FIR was lodged with the Nagaon Police Station on the same facts as alleged in the complaint petition. In the said FIR there is no statement as regards any compromise or any attempt for compromise of the dispute between the parties. Upon receipt of the FIR the I.O. started the investigation of the case and in the process the accused/petitioner was arrested at Kolkata and on being produced the accused petitioner was allowed to go on transit bail by the learned Magistrate at Kolkata vide order dated 19.9.2009, directing him to appear before the criminal Court at Nagaon by 8.10.2009. Thereafter, the accused appeared before the Court on 12.10.2009 on which date he was allowed to go on interim bail of Rs. 10,000/-fixing 28.10.2009 by the Addl. CJM, Nagaon. On 28.10.2009 the petitioner personally appeared but the learned CJM adjourned the case till 3.11.2009, upon calling for the case diary. In the meantime, the petitioner having approached this Court by filing this criminal petition, this Court vide interim order dated 30.10.2009 protected the petitioner to the effect that the petitioner need not appear before the learned CJM, Nagaon till the returnable date, which was further extended by subsequent order.