LAWS(GAU)-2020-5-50

CITYLIFE RETAIL PVT LTD Vs. STATE OF ASSAM

Decided On May 12, 2020
Citylife Retail Pvt Ltd Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. S. Kejriwal, learned counsel for the petitioner; Mr. B.B. Gogoi, learned Additional Public Prosecutor for respondent no. 1, State of Assam and Mr. P. Das, learned counsel appearing for respondent no. 2.

(2.) The petitioners, 7 (seven) in nos., have preferred this criminal petition seeking invocation of the inherent powers under Section 482, Code of Criminal Procedure, 1973 ("the Code" and/or "the CrPC", for short) for quashing of the First Information Report (FIR) dated 07.01.2019 registered as Jorhat Police Station Case No. 48/2019 (corresponding G.R. Case No. 65/2019) under Sections 406/420, Indian Penal Code (IPC) and all consequential actions arising therefrom.

(3.) The petitioner no. 1 (hereinafter referred to as the petitioner no. 1-company) is a company incorporated under the Companies Act, 1956 having its registered office at Howrah. The petitioner nos. 2-7 are the Directors of petitioner no. 1-company and are residents of various places outside the State of Assam. It is projected that the petitioner no. 1-company, to start a new retail showroom, had entered into a tenancy agreement dated 05.06.2017 with one M/s DRB Developers, Guwahati for taking a commercial place on rent in a building named DRB Heights, located at Raja Maidan Road, Jorhat. The First Information Report (FIR) which has been lodged by the respondent no. 2, is in connection with the disputes and differences which have emanated from the said tenancy agreement dated 05.06.2017.