SHAHANAZ AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Sinha, learned counsel for the petitioners as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent No. 1. Also heard Ms. S.G. Baruah, learned counsel for the respondent No. 2.

(2.) This petition under Sec. 482 Cr.P.C. has been filed for quashing of the criminal proceeding drawn as per order, dtd. 28/7/2021, on the basis of charge-sheet, dtd. 31/5/2020, arising out of F.I.R., dtd. 19/3/2020 being registered as Tamarhat P.S. Case No. 74/2020 corresponding to G.R. Case No. 1310/2020 under Ss. 406/420/506 of the IPC.

(3.) The petitioners' case precisely is that the respondent No. 2/informant had lodged an F.I.R., on 19/3/2020, with the Officer-in-Charge of Tamarhat P.S. alleging that the accused/petitioner No. 1 in order to get the distributorship of Indian Oil LPG at Barundanga had entered into a registered agreement for lease of 1 Bigha of land covered by Dag Nos. 841 and 840 of Khatian No. 369 of village- Barundanga on 31/12/2008 for 30 years @ Rs.12,000.00 per annum with provision for enhancement of rate after every 10 years. Accordingly, the informant filled up his pond and felled betel nut and other trees and handed over possession of the aforesaid land to the accused petitioner No.1, but the accused petitioner No. 1, on the ill-advice of accused petitioner No. 2 and another had not paid anything to him. It is alleged that the accused persons constructed an LPG godown over the land of one Maniruddin Prodhani Sarkar. For this purpose, the accused petitioner No. 2 is alleged to have submitted fake documents in the Indian Oil Corporation Limited, Indane Department by forging the signature of the accused petitioner No.1. Thereby, the accused persons had not only misappropriated Rs.20.00 lakhs of the informant, but also threatened him with dire consequences with the help of some hired miscreants when he demanded his money. On the basis of the aforesaid F.I.R., police registered a case being Tamarhat P.S. Case No. 74/2020 and after completion of investigation, submitted charge-sheet under Ss. 406/420/506 of the IPC.