VENKATESHWARA HATCHERIES PVT LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Goyal, learned counsel for the petitioners; Mr. B.J. Dutta, learned Additional Public Prosecutor for respondent no. 1, State of Assam and Mr. S. Chouhan, learned counsel for respondent nos. 4 - 10.

(2.) This criminal petition under Section 482, Code of Criminal Procedure, 1973 ('the Code' and/or 'the CrPC', for short) is filed seeking quashing of the First Information Report/complaint, registered in connection with Dispur Police Station Case no. 757/2008 and the consequential proceeding arising therefrom and the criminal proceeding of G.R. Case no. 4080/2008 arising out therefrom.

(3.) Mr. Goyal, learned counsel for the petitioner has submitted that initially 17 no. of persons joined together as complainants and a complaint was filed before the Court of learned Chief Judicial Magistrate, Kamrup (M), Guwahati on 28.05.2008. The grievances of all the complainants were similar and the complaint was filed ventilating there common grievances and accusations. On receipt of the complaint, the same was forwarded by the learned Chief Judicial Magistrate to the Officer In-Charge, Dispur Police Station under Section 156(3), CrPC for registration of a case and to submit a report after investigation. Mr. Goyal has further submitted that even if the averments and the allegations made in the complaint/FIR are considered and accepted as true in its entirety then also none of the ingredients for the offences under Sections 406/420/384 of the Indian Penal Code (IPC) can be said to have been disclosed. He has further submitted that though the complaint was made against the company, M/s Venkateshwara Hatcheries Pvt. Ltd. as the accused, while registering the case, the police had registered the case against the petitioner no. 2 as one of the accused in the FIR. In such view of the matter, this criminal petition has been preferred on behalf of the company and the petitioner no. 2.