BISU ALOM 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 criminal proceeding of G.R. Case no. 216/2019, arising out of Karimganj Police Station Case no. 93/2019 registered for the offences under Section 420 and Section 406 of the Indian Penal Code (IPC).

(2.) The 3 (three) petitioners are named as accused no. 2, accused no. 1 and accused no. 3 respectively in the First Information Report (FIR) lodged before the In-Charge, Longlai Police Patrol Post, Karimganj on 23.01.2019. On receipt of the FIR, the In-Charge, Longlai Police Patrol Post entered the same vide Longlai Police Patrol Post General Diary Entry no. 364 dated 23.01.2019 and by forwarding the FIR to the Officer In-Charge, Karimganj Police Station to register the case, had taken up the investigation of the case himself. On receipt of the FIR, the Officer In-Charge, Karimganj Police Station directed the In-Charge, Longlai Police Patrol Post to conduct an inquiry into the matter, to check all related documents and to submit a report. On 01.02.2019, the In-Charge, Longlai Police Patrol Post informed the Officer In-Charge, Karimganj Police Station that he had locally enquired into the matter and opined that there were sufficient evidence against the accused persons named in the FIR and accordingly, a case was required to be registered. It was thereafter on 01.02.2019, the Officer In-Charge, Karimganj Police Station, registered the FIR as Karimganj Police Station Case no. 93/2019.

(3.) The case projected on behalf of the petitioners is that the petitioner no. 1 (hereinafter referred to as 'the accused no. 2', at places, for easy reference) and the petitioner no. 2 (hereinafter referred to as 'the accused no. 1', at places, for easy reference) are the Managers (Export Sales) of Pran-RFL Group, a manufacturer of beverages and food products. The petitioner no. 3 (hereinafter similarly referred to as 'the accused no. 3) is the Assistant General Manager, North-East India of Pran-RFL Group. All the three accused persons are citizens of the Peoples Republic of Bangladesh and engaged in India for supervision of the sales and marketing of the beverages and food products of Pran-RFL Group which are sold and marketed in the entire North-East India. It is further stated that the accused nos. 1 and 2 are presently staying in India for business purposes and the accused no. 3 is currently serving the company in its Dhaka branch. The presence of the accused persons in India to supervise the sales and marketing of the products of Pran-RFL Group are on the strength of multiple Visas and valid passports.