APURBA KR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extraordinary powers conferred to this Court by Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter called CrPC), has been sought to be invoked by this petition jointly filed by 14 nos. of petitioners with a prayer for quashing the FIR dtd. 20/9/2021 registered as Patacharkuchi Police Station Case No. 479/2021 under Ss. 120(B) / 420 / 409 / 467 / 468 / 471 of the IPC read with Ss. 7 / 7(A) / 12 of the Prevention of Corruption Act, 1988. The principal grounds of challenge are that the FIR does not prima facie disclose the ingredients of the offence and no specific complaint has been made against the petitioners. Support has also been drawn from an order dtd. 24/9/2021 of this Court in Criminal Petition No. 522/2021 that acting as land broker does not prima facie constitute any offence.

(2.) To appreciate the issue, it is necessary to have the facts of the case in brief.

(3.) The petitioners are businessmen and though there is a statement in paragraph 2 of the petition that the "petitioner no. 15" is a Government Employee, there is no such petitioner no. 15 in the array of the parties. Nonetheless, the present petition has been filed in respect of an FIR dtd. 20/9/2021 registered as Patacharkuchi Police Station Case No. 479/2021 under Ss. 120(B) / 420 / 409 / 467 / 468 / 471 of the IPC read with Ss. 7 / 7(A) /12 of the Prevention of Corruption Act, 1988.