NIAZ AHMED Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. S. H. Sikdar, learned counsel for the petitioner. Also heard Ms. S. Mere, learned P.P. for the State and Mr. P. Surien, learned counsel for the respondent Nos. 2 to 5.

(2.) By way of this petition, under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner is seeking quashing of entire criminal proceeding in respect of GDE No.09/2023 dtd. 12/7/2023 of Sub-Urban Police Station, Dimapur, Nagaland.

(3.) The facts of the case is that the respondent Nos. 2 to 5 lodged a complaint dtd. 12/7/2023 before the Officer-in-Charge Sub-Urban Police Station Dimapur Nagaland alleging that the accused/petitioner and the Directors of the 4 proprietorship firm of which the respondent Nos. 2 to 4 are proprietor has entered into an agreement whereby the accused/petitioner was required to supply electrical products to the warehouses of the respondents. It is alleged in the complaint that though initially the delivery was made as agreed however, later on the delivery was stopped. It is further alleged that despite repeated reminders, the accused/petitioner failed to deliver the agreed products and in this manner it is alleged that the accused/petitioner has intentionally cheated the respondents/complainants. Accordingly, GDE entry was made as GDE No.09/ dtd. 12/7/2023. Thereafter, the Investigating Officer of the jurisdictional Police Station on 1/8/2023 issued notice to the accused/petitioner under Sec. 41-A Cr.PC to appear before the Investigating officer of the case along with all the relevant documents. Upon receipt of the aforesaid notice issued under Sec. 41-A Cr.PC, the petitioner/accused approached this Court by filing the present criminal petition seeking quashing of the criminal proceeding initiated in respect of the aforesaid GD entry i.e GDE 09/2023.