SAGARMAL BHURA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Section 482, Cr. P.C. read with Article 227 of the Constitution of India, the petitioner has challenged the First Information Report in Silchar P.S. Case No. 79186 (G.R. Case No. 190 of 1986) under Section 379/411, I.P.C. and Proceedings arising out Of the First Information Report.

(2.) The First Information Report runs:

(3.) Mr. N.M. Lahiri, the learned counsel, for the petitioner, has contended that the First Information Report does not disclose the essential requirements of Section 379 or 411, I.P.C. Therefore the First Information Report cannot form the foundation or constitute starting point of lawful investigation. In support of his contention Mr. Lahiri has referred me to the decision of the Supreme Court in the State of West Bengal v. Swapan Kumar.