LAWS(GAU)-2022-10-11

PANKAJ DAS Vs. STATE OF ASSAM

Decided On October 14, 2022
Pankaj Das Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, learned Addl. P.P. for the State.

(2.) By filing this criminal petition under Sec. 482 Cr.P.C., the petitioner, namely, Pankaj Das has prayed for quashing of (i) the order dtd. 3/6/2022, passed by the learned Sub- Divisional Judicial Magistrate (S) No. 2, Kamrup (M), Guwahati in Jalukbari P.S. Case No. 92/2015, as well as (ii) the entire proceedings of the aforesaid Jalukbari P.S. Case No. 92/2015 under Sec. 120B/302 IPC.

(3.) The learned counsel for the petitioner has meticulously referred to the materials available on record and has submitted that the post mortem report and FSL report of the deceased did not disclose offence of murder, but it was a case of natural death of the alleged victim. Accordingly, it has been submitted that a case of normal death is sought to be converted to a case of murder. Therefore, the learned counsel for the petitioner has justified the prayers made in this petition.