AVISHEK CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, the learned senior counsel appearing for the petitioners. Also heard Mr. A.M. Bora, the learned senior counsel representing the respondent no.2. Mr. P. Borthakur, learned Addl. Public Prosecutor represents the State of Assam (respondent no.1).

(2.) This is an application under Sec. 482 of the CrPC praying for quashing the proceedings of PRC Case No.2657/2022 arising out of Paltan Bazar P.S. Case No.455/2014 under Ss. 120-B/420/406 of the Indian Penal Code.

(3.) The informant Jitendra Kr. Jain, Smti. Sithal Jain, Avishek Choudhury, Smti. Sikha Talukdar and Meena Kumari Das are the Directors of M/S. Saroj Realtors and Developers Pvt. Ltd. On 24/5/2013, the aforesaid Directors had entered into a memorandum of understanding whereby they agreed that the Bank Account of the Company shall be operated jointly by the informant and Avishek Choudhury. It was also agreed that Smti Meena Kumari Das would resign from the Company within next two months. After execution of the memorandum of understanding, the informant had pumped large investment in the project of the Company at Borbari.