R K DALMIA- ACCUSEDS Vs. STATE GOVERNMENT

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India read with Section 561 -A of the Code of Criminal Procedure the petitioners have substantially prayed for quashing the investigation proceeding before the Police as well as the proceeding pending before the Sessions Judge, Gauhati. The facts of the case may briefly be stated as follows : -

(2.) THE Opposite Party No. 2 Shyam Sundar Agarwalla lodged a First Information Report with the Officer -in -Charge, Gauhati Police Station alleging that the petitioners have committed an offence under Sections 420/511, Indian P.C. as well as some offences under the Prevention of Food Adulteration Act, 1954. On receipt of the First Information Report the Police Registered a case being Gauhati Police Station Case No. 62(6)/69 and during investigation stage the Gauhati Police got the accused persons arrested through Delhi Police and the accused persons were released on bail. Thereafter the present petition has been filed in this Court on 5.12.1969.

(3.) MR . P. Choudhury, the learned Counsel appearing on behalf of the accused -petitioners submits that the allegations made in the First Information Report do not disclose any offence and therefore the investigation proceeding should be quashed. In the prayer portion of the petition there is a further prayer that the proceeding before the Sessions Judge, Gauhati should be quashed.