KALYAN KR. SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B M Choudhury, learned counsel for the petitioner and also Mr. B.S.Sinha, learned Addl. Public Prosecutor,Assam.

(2.) By filing this application under Section 482 read with Section 397 of the Cr.P.C., 1973 the petitioner is praying for setting aside/quashing the charge sheet being charge sheet No.251/2012 in GR Case No.9484 of 2009 arising out of Dispur P.S.Case No.1383 of 2009.

(3.) The aforesaid charge-sheet was submitted against 10(ten) persons including the present petitioner. An FIR was filed by one Smti Hardeep Kaur Sondhi, wife of late Tej Pal Singh Sondhi with the OfficerIn-Charge, Dispur Police Station on 2.9.2008 which was registered as Dispur P.S.Case No.1383/09 under Sections 120(B)/468/447/506/506 IPC. It has been stated in the FIR that the informant's family owned and possessed a plot of land measuring 4 Bighas covered by Dag No.209, K P Patta No.52 at revenue village Rukmininagar under Beltola Mouza in the District of Kamrup(M) adjacent to the Down Town Hospital. From the aforesaid plot of land 2 Bighas 2 Kathas of land was sold to two different buyers and the rest was still belonging to informant's family. It is alleged that taking advantage of long absence from Guwahati some miscreants fraudulently executed and registered sale deed in the names of her fatherin-law and her deceased husband, who was an Advocate of Gauhati High Court. It is also alleged that the miscreants started construction of boundary wall without her knowledge and having come to know about it from reliable source, she went to prevent the construction works but the miscreants threatened her with dire consequences compelling her to file the FIR.