Hemant Kumar Agarwal and Anr v. The State of Assam

JUDGEMENT & ORDER (ORAL)

¶1Heard Mr. SP Roy, learned counsel for the petitioners. Also heard Ms. SH Bora, learned Additional Public Prosecutor, Assam.

¶2The present application is filed under Section 482 Cr.P.C. praying for quashing of Changsari PS case No. 67/2023 under Sections 182/406 IPC.

¶3Mr. SP Roy, learned counsel for the petitioner submits that a bare reading of the FIR no cognizable offence is made out. Therefore, the police ought not to have registered the case and ought not to have started the investigation. Mr. Roy further submits that matter is civil in nature and there is no ingredient of any criminal offence not to say any offence under Section 182 or 406 IPC.

¶4On the other hand, Ms. SH Bora, learned Additional PP submits that a case is made out inasmuch from the FIR it seems that the petitioner while purchasing agricultural plot of land filed an affidavit during the transfer that the said land shall not be used for non-agricultural purposes, however, the said land has been used for non-agricultural purposes. Therefore, an offence as registered is made out.

¶5Perused the FIR. From the averment made in the FIR, following allegations can be summarized: I. That the petitioner is using the schedule land scheduled in the FIR for non-agricultural purposes. Page No.# 3/3 II. At the time of seeking NOC for transfer of the aforesaid land an affidavit was filed to the effect that the schedule land will be used for agricultural purposes. III. However, such declaration has been violated and land has been used for non-agricultural purposes.

¶6In the considered opinion of this court, even if the aforesaid allegation is read as a whole and accepted to be correct no prima-facie case is made out to proceed against the petitioner either under Section 182 or Section 406 IPC and the said allegation is civil in nature and at best it can be a violation of term of the NOC issued or transfer of the land and no criminal action can be attributed in the aforesaid background of the case.

¶7The record called for also discloses that after filing of the FIR nothing has proceeded though no stay order was passed.

¶8Considering the matter in its entirety, this court is of the view that no case under Section 182/406 IPC is made out as alleged.

¶9Accordingly, the present criminal petition is allowed by quashing the proceeding of the Changsari PS case No. 67/2023 under Sections 182/406 IPC. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010235202013 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./839/2013 HEMANT KUMAR AGARWAL and ANR S/O LT. SHANKER LAL AGARWAL R/O S J ROAD, ATHGAON, GHY. 2: BAJRANGBALI ISPAT PVT. LTD. HAVING ITS OFFICES AND PRINCIPAL PLACE OF BUSINESS AT S S ROAD ATHGAON GHY-1 AND IS REPRESENTED BY ITS DIRECTOR VERSUS THE STATE OF ASSAM 2:THE CIRCLE OFFICER NORTH GUWAHATI REVENUE CIRCLE AMINGAON-31 GUWAHAT Advocate for the Petitioner : MR.S P ROY Advocate for the Respondent : BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY For the Petitioners :Mr. S P Roy, Advocate For the Respondents : Ms. SH Bora, Additional PP, Assam Page No.# 2/3 Date of Hearing : 11.09.2023 Date of Judgement : 11.09.2023