This petition for quashing of an FIR under Section 498A IPC was closed because the investigation was completed and a final report filed, leaving nothing to adjudicate.
The criminal petition was closed as the investigation was completed and a final report had been filed.
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GAHC010221222019
2024:GAU-AS:12184
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1078/2019
ROHAN DAS
S/O SRI GAUTAM DAS, R/O SANTIPUR, ASHRAM ROAD, P.O. AND P.S.BHARALUMUKH, DIST-AKMRUP(M), PIN-781009
VERSUS
THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:SAMINA AZMI D/O SAIFUDDIN AHMED R/O F.A. ROAD MACHKHOWA P.O. AND P.S.-BHARALUMUKH DIST-KAMRUP(M) ASSAM PIN-78100
Advocate for the Petitioner : MS. T SOM, MS P LEKHARU,MR. P TELI,MR H DAS
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
03.12.2024
Heard the learned counsel appearing on behalf of Ms. T. Som, learned counsel
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for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.
The present application is filed under Section 482 of Cr.P.C., for quashment of FIR registered as All Women P.S. Case No. 115/2018 under Section 498A of the IPC read with Section 4 of the Dowry Prohibition Act.
While issuing notice of motion, this Court under its order dated 16.09.2019 called for the scanned copy of the case diary of the above noted case.
The scanned copy of the case diary is not available.
On the last occasion, this Court has sought for instruction from the learned Additional Public Prosecutor as regards present status of investigation of the above noted case and on instruction, Mr. Sarma, learned Additional Public Prosecutor submits that in the meantime, the investigation is completed and the Investigating Officer has filed a Final Report vide F.R. No. 75/2018 dated 31.12.2018 in the shape of closure report.
In view of the aforesaid, nothing survives to be adjudicated in the present criminal petition. Accordingly, same stands closed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the criminal petition for quashing of FIR under Section 482 Cr.P.C. deserves to be adjudicated upon in view of the investigation being completed.
2 provisions across 2 enactments
ROHAN DAS
THE STATE OF ASSAM
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
