BAGMITA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition under Section 482, Code of Criminal Procedure, 1973 ('the Code' and/or 'the CrPC', for short) has been preferred seeking quashing of the First Information Report (FIR) lodged in connection with Noonmati Police Station Case no. 733/2018 (corresponding G.R. Case no. 17816/2018) and registered for an offence under Section 420, Indian Penal Code.

(2.) The facts, in brief, are that the respondent no. 2-informant had lodged an First Information Report (FIR) before the Officer In-Charge, Noonmati Police Station on 30.11.2018 against the petitioner as the accused which came to be registered as Noonmati Police Station Case no. 733/2018 (corresponding G.R. Case no. 17816/2018) on 30.11.2018 under Section 420, Indian Penal Code (IPC). After registration, the case had been entrusted to a Sub-Inspector of Police for investigation. The Investigation Officer (I.O.) thereafter, had served a notice dated 21.12.2018 on the petitioner under Section 41A of the Code asking her to appear before him on 23.12.2018. Having come to know that the informant had lodged the FIR, the instant petition has been filed seeking quashing of the said FIR.

(3.) Heard Mr. A. Tewari, learned counsel for the petitioner; Mr. B.B. Gogoi, learned Additional Public Prosecutor for respondent no. 1, State of Assam and Ms. P. Bora, learned counsel for respondent no. 2.