CHABIN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition is preferred under Section 482, Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the First Information Report (FIR) dated 29.08.2019 lodged before the Officer In-Charge, Bhangagarh Police Station and which has been registered as Bhangagarh Police Station Case no. 350/2019 under Section 420, Indian Penal Code (IPC).

(2.) Heard Mr. B. Gogoi, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for respondent no. 1, State of Assam. There is no representation on behalf of the respondent no. 2 today on call. From the records, it is found that when on the previous date of listing i.e. 30.04.2020, none had appeared for the respondent no. 2 it was observed that order would be passed on the next date fixed, 12.05.2020 irrespective of the presence of the said respondent. From the records it is also revealed that the learned counsel for the respondent no. 2 had entered appearance on 19.11.2019 and their names are reflected in the cause-list. In view of the above, the matter is taken up for consideration.

(3.) The learned counsel for the petitioner, referring to the contents of the FIR, has submitted that even if all the statements and allegations made in the said FIR are accepted to be true, no ingredients attracting the offence under Section 420, IPC can be said to be demonstrated. The dispute between the respondent no. 2 and the petitioner is in respect of a shop which the petitioner used to occupy as a tenant. The respondent no. 2 had lodged the FIR when he found a new electric meter installed near the shop of which the petitioner is the tenant. No person has been named in the FIR specifically who had installed the said new electric meter. The learned Additional Public Prosecutor has submitted that the respondent no. 2 had alleged bad intention behind installation of the new electric meter.