SHIV KUMAR KANOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Choudhury, learned counsel for the petitioners. Also heard Mr. N.C. Das, learned Senior Counsel, assisted by Ms. J. Baishya, learned counsel for the respondents.

(2.) This criminal petition has been registered on filing of an application under Sec. 482 of the Code of Criminal Procedure, 1973, by the petitioners, namely, 1. Shiv Kumar Kanoi and 2. Ranjit Kumar Nath praying for quashing of the First Information Report dtd. 27/9/2011 filed by one Nirmal Roy Choudhury, Fund Control Officer, Assam Tea Plantations Provident Fund and Pension Fund Scheme, Karimganj before the Officer-In-Charge of Katigorah Police Station on the basis of which Katigorah Police Station Case No. 437/2011 was registered under Sec. 406/34 of the Indian Penal Code. The petitioners have also prayed for quashing of the entire proceeding which arose out of the aforesaid FIR.

(3.) It is pertinent to mention herein that by order dtd. 18/11/2011 passed by this court, the investigation of Katigorah Police Station Case No. 437/2011 was stayed by this court during the pendency of the instant criminal petition.