DIBYA JYOTI HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Baruah, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A. K. Maheswari, learned counsel appearing on behalf of respondent No. 2.

(2.) This is an application under Ss. 482/401 of the Code of Criminal Procedure, 1973, praying for quashing of the F.I.R. dtd. 20/9/2016, lodged by the respondent No. 2, which was registered under Jamuguri Police Station, being Jamuguri P.S. Case No. 130/2016 (Corresponding G.R. Case No. 3090/2016), under Ss. 306/403/420/34 of the Indian Penal Code.

(3.) The brief facts of the case is that the petitioner No. 1 is a practicing advocate and he started practicing as an advocate in the Tezpur Bar Association in the year 2006. The petitioner No. 2 is the brother-in-law of the petitioner No. 1 and is a prominent businessman in the locality and both the petitioners have name and fame in the society. On 19/9/2016, one Smti Usha Maheswari, wife of Late Sitaram Maheswari, lodged an F.I.R. before the Officer-In-Charge, Jamuguri Police Station, alleging inter alia that her son committed suicide due to pressure and coercion by the accused/petitioners. It is alleged that an agreement for sale was made in favour of the accused/petitioners by the informant and her son- Late Ramesh Kumar Maheswari, which was not supplied to them. After receiving the said F.I.R., the Officer-In-Charge, Jamuguri Police Station, registered a case, being Jamuguri P.S. Case No. 130/2016, under Ss. 306/403/420/34 of the Indian Penal Code, and started investigation.