The petitioner sought quashing of proceedings in a crude oil smuggling case, arguing no specific implicating material existed against him beyond a co-accused's statement. The High Court rejected the petition at the initial stage, noting that the charge sheet has been laid, charges are unframed, and merits should be raised during trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010103492024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./619/2024
AMIT BOR SAIKIA
S/O LATE HARENDRA BORSAIKIA, R/O 2 NO. KHEREMIA GAON, P.O.TINGRAI CHARIALI, P.S.-DULIAJAN, DIST-DIBRUGARH, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:DHRUBA PRAKASH BAISHYA S.I. S/O LATE HARIPAD BAISHYA R/O VILL- DUMURIA P.O.-DUMURIA P.S.-PATHACHARKUCHI BAJALI DIST- BARPETA ASSAM PIN-78136
Advocate for the Petitioner : MR A HAWARI, A R MONDAL,MR S GOGOI
Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 13.06 . 2025
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Heard Mr. J. Islam, learned counsel for the petitioner, Sri Amit Bor Saikia, who has filed this application under Section 482 of the Code of Criminal Procedure (Cr.P.C.), 1973 for quashing of the entire proceeding of PRC No. 79/2024 under Section 379 of the Indian Penal Code (IPC), read with Section 3(2)(b) of the PDPP Act and Section 7 of the E.C. Act corresponding to Bordubi P.S. Case No. 87/2023.
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Annexure-6 is the certificate to substantiate that the petitioner is the owner of Amit Dhaba.
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this case is pending for trial and the petitioner is at liberty to raise this issue at the time of framing of the charges.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the quashing of criminal proceedings under Section 482 Cr.P.C. is warranted at the initial stage based on the lack of direct implicating evidence?
4 provisions across 4 enactments
AMIT BOR SAIKIA
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2
SUSMITA PHUKAN KHAUND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
