PURUSHOTTAM LAL AGARWALLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioners, Mr. R.D. Lall. Heard also the learned Public Prosecutor, Assam, Mrs. M Sarma. Notice of motion was issued on this application on 29.1.86. The State has not filed any affidavit. Hawever, Mrs. Sharma had made oral submissions.

(2.) THE Petitioners pray for quashing of the proceedings in Panbazar Police Station Case No. 213 of 1985 corresponding to G.R. Case No. 3616/85 under Section 420/379/120 -B of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Kamrup at Gauhati including the order dated 21.12.85 issuing non -bailable warrant against the Petitioners and the order dated 23.12.85 adding Section 120B I.P.C. passed in the same proceeding.

(3.) MR . R.D. Lall, the learned Counsel for the Petitioners, submits that the F.I.R. may or may not have disclosed any ingredients of any of the offences, but the two Petitioners are absolute strangers to those allegations having nothing to do what -soever with the alleged theft of R/R and release of consignment. This being the position their arrest and harassment by police have affected their liberty and hence the proceeding in the G.R. case and the corresponding P.S. case must be quashed in so far as the two Petitioners are concerned. Counsel further submits that the Petitioner No. 2 is a student of Matriculation class and has since surrendered at Gauhati and obtained bail. In so far as Petitioner No. 1 is concerned, he is old man of more than 60 years and is having heart ailment and has not so far surrendered before the learned Chief Judicial Magistrate, Gauhati.