GHANSHYAM SARDA Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) This petition u/s 482 Crimial P.C. has been filed by the petitioner praying for quashing the FIR. No. 868 dated 24/09/2014 registered as Paltan Bazar P.S. Case No. 868/2014 under Sections 120-B/420/468/471/379 Penal Code and the proceeding arising out of such FIR.

(2.) The respondent lodged the aforementioned FIR. alleging commission of offences under Sections 120-B/420/468/471/379 I.P.C. against the present petitioner and some others. The case of the petitioner is that the FIR. was lodged only to wreck vengeance and harass the petitioner maliciously with some baseless allegations It has been stated that the allegations made in the FIR. even if accepted to be true, do make out any offence under Sections 420/460/471/379 I.P.C. At best, it can make out a dispute amongst the members of the family regarding the management and control of the Company and the respondent No. 2 already instituted several litigations including filling of perjury application before the Company Law Board. The present FIR. also contains the similar allegations made in the perjury application filed before the Company Law Board. The petitioner further stated, that no part of the alleged occurrence took place within the jurisdiction of the Paltan Bazar Police Station, except the respondent having an office at Milanpur, Rehabari and the parties are also residents of Kolkata and as such, the Paltan Bazar Police Station has no jurisdiction to investigate the case.

(3.) Learned Senior Counsels, Mr. D. Das and Mr. A.M. Bora for the petitioner and the learned Senior Counsel, Mr. K.N. Choudhury for the respondent No. 2/informant were heard.