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2025 DAILYLAW 9543 (GAU)

M/S GOELS COIR FOAM (INDIA) PVT LTD AND 3 ORS v. THE STATE OF ASSAM AND ANR

Crl.Pet./424/2024 · 2025-02-03

Robin Phukan

body2025

Judgment text

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Page No.# 1/3 GAHC010059742024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./424/2024 M/S GOELS COIR FOAM (INDIA) PVT LTD AND 3 ORS A REGISTERED COMPANY UNDER THE INDIAN COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AND PRINCIPAL PLACE OF BUSINESS AT V-6, RAMPUR GARDEN, NEAR AGRASEN PARK, BAREILLY-243001, UTTAR PRADESH AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE MR. PANKAJ GOEL 2: PANKAJ GOEL S/O SH. DEVI PRASAD GOEL R/O A-4/16 CIVIL LINES OPP. FIRE STATION RAMPUR BAGH AKHA ATMALI BAREILY PIN-243001 UTTAR PRADESH 3: PRAVEEN KUMAR SOLANKI S/O GITAM SINGH SOLANKI R/O GMC HOUSE NO-11 2ND FLOOR NATUN PATH HATIGAON GUWAHATI ASSAM-781038 4: RAKESH GARG S/O R.S. GARG R/O H.NO. 497 NEAR DINESH NURSHING HOME SIKLAPUR AKHA ATMALI BAREILY Page No.# 2/3 PIN-243001 UTTAR PRADES VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:BABU BORO S/O BHABAN BORO R/O VILL- BALALBARI NO. 1 P.O.-GORESWAR PIN-781366 DIST-BAKSA ASSAM AND ALSO PROPRIETOR OF M/S B AND B ASSOCIAT Advocate for the Petitioner : MR. S HAZARIKA, MR. H BURAGOHAIN Advocate for the Respondent : PP, ASSAM, MR. H SARMAH (R-2),MR. S DUTTA (R-2) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 04.02.2025 Heard Mr. S. Hazarika, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public prosecutor for the State respondent and Mr. I. S. Dutta, learned counsel for the respondent No.2. The learned counsel for the petitioners submits that this petition under Section 482 of the Criminal Procedure Code, 1973, is filed for setting aside and quashing of the F.I.R being Kokrajhar Police Station Case No. 579/2020, under Section 406/420/408/468/471 of the Indian Penal Code read with Section 3 (x) of the Schedule Castes & Schedule Tribes (Prevention of Atrocities) Act, 1989. The learned counsel for the petitioners producing a copy of the final report submitted by Police, submits that after lodging of the F.I.R investigation was carried out and after completion of investigation the I.O. has returned the final Page No.# 3/3 report on the ground that the dispute of the case is of civil nature. Perused the petition and the documents placed on record and also perused the certified copy of the final report produced by learned counsel for the petitioners before this Court. It appears that after completion of investigation the I.O. has returned the case in final report on the ground that the dispute between the parties is of civil in nature. Since, the I.O. has returned in the case in FR, this present petition become infructuous and accordingly same stands closed. The copy of the final report submitted by the learned counsel before this Court shall be a part of the record. JUDGE Comparing Assistant