GOPAL TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor appearing for State of Assam and other respondents.

(2.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, Shri Gopal Talukdar praying for quashing of the FIR dtd. 1/8/2021 filed by the respondent No. 3 before Officer-In-Charge of Barama Police Station and on the basis of which Barama P.S. Case No. 83/2021 was registered. The Petitioner has also prayed for quashing of the charge sheet No. 61/21 dtd. 29/9/2021 which has been filed after completion of the investigation of Barama P.S. Case No. 83/2021.

(3.) The case of the petitioner as averred in the criminal petition, in brief, is that the petitioner is a practicing advocate in the courts at Bajali and Baksa since 2004. On 30/7/2021, one Monjit Roy, who is the client of the present petitioner, requested the present petitioner to write an FIR (First Information Report) regarding the death of his mother Jaya Roy near Barama Over Bridge on being knocked down by a vehicle bearing Registration number AS-25P-6814. Accordingly, on the request of his client, the present petitioner wrote the FIR and the said FIR was lodged before the Officer-In-Charge of Barama Police Station and on the basis of the said FIR Barama P.S. Case No. 82/2021 was registered under Sec. 279/304A of the Indian Penal Code against the owner and rider of the said vehicle.