MINU SUBBA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Singh, learned for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the State and Mr. B. Chakravarty, learned counsel for the respondent No.2.

(2.) This is an application under Sec. 482 of the Cr.P.C. preferred for quashing the FIR lodged with Tezpur Police Station and Registered as Tezpur P.S. case No. 207/2023 (Corresponding to G.R. case No. 255/2023) under Ss. 419/420/468 of IPC.

(3.) The case of the petitioner may be briefly stated. One Smti. Jyoti Subba (Respondent No. 2), W/o- Late Moni Kumar Subba, lodged a FIR stating, inter alia, that a few months ago it had come to the knowledge of the informant/Respondent No. 2 that one Minu Subba has obtained a Birth Certificate from Tezpur Municipal Board vide Registration No. 1679 dtd. 23/07/1988, wherein the name of father is shown as Mr. Moni Kumar Subba and name of mother is shown as Ms. Jyoti Subba (the informant/Respondent No.2). Further, the date of birth of Minu Subba is shown as 16/02/1988. The informant/Respondent No. 2 also mentioned that she has no daughter in the name of Minu Subba. The informant/Respondent No. 2 also alleges in the FIR that she married Moni Kumar Subba (since deceased) in the year 1991, and hence the said Birth Certificate is a false one which, she claims, to have been obtained by Ms Minu Subba by submitting forged documents before the authority concerned. The informant also claims in the FIR that her husband was a former Member of Parliament from Tezpur Lok Sabha constituency and a renowned person, so this petitioner has illegally and unlawfully used their names with a view to cheating people and to make wrongful gain. The informant/Respondent No. 2 claims to have made attempts to contact the Tezpur Municipal Board but failed to get the desired response from their end, and as such she approached the police with a request to investigate the matter and to take necessary action against the accused/petitioner.