LAWS(GAU)-2003-3-19

KAILASH CHANDRA PAREEK Vs. STATE OF ASSAM

Decided On March 10, 2003
KAILASH CHANDRA PAREEK Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Should the High Court in exercise of its powers under Sections 397 and 401 read with Section 482, Cr.P.C., set aside and quash the First Information Report (FIR) as well as the investigation, which commences pursuant to the FIR, which alleges existence of suspicious circumstances indicating possibilities of preparation for commission of cognizable offences? Thus is the basic question, which this revision has raised.

(2.) By making this application under Section 482 read with Sections 397 and 401 of the Code of Criminal Procedure, the petitioner has approached this Court seeking order(s) setting aside and quashing the First Information Report, which has resulted into registration of Paltanbazar Police case no. 302/2002 under Sections 467/468/471/472/420, Indian Penal Code against the petitioner.

(3.) The First Information Report (Annexure D), which is under challenge, discloses, in brief, thus :