SUPREME COURT OF INDIA

THE STATE OF ARUNACHAL PRADESH vs KAMAL AGARWAL & ORS. ETC.

Criminal Appeal No ....of 2024 (Arising out of SLP(Crl ) Nos 8663-8665 of 2023) On 18 April 2024

Hon'ble Judges: Vikram Nath, K.V. Viswanathan

Case Type: Criminal Appeal

Final Decision: 

Advocates: 

Citations: 
2024 0 CJ(SC) 203

ACTS REFERRED: 
Constitution of India, Article 136
Indian Penal Code, 1860, Section 34
Indian Penal Code, 1860, Section 120B
Indian Penal Code, 1860, Section 420

(A) Constitution of India, Article 136 - Special leave to appeal by the Supreme Court(B) Indian Penal Code, 1860, Section 120B, Section 420, Section 34 - Punishment of criminal conspiracy - Cheating and dishonestly inducing delivery of property - Acts done by several persons in furtherance of common intention This FIR was registered against several named accused, details of which will be dealt with at a later stage and additional names surfaced during investigation. Three of the accused namely Chandra Mohan Badaya and Respondent Nos.3 and 4 namely Shashi Natani and Rajesh Natani filed a petition for quashing the FIR before the Gauhati High Court registered as Criminal Petition No.91 of 202

Judgement Text

1. Leave granted.

2. Both the above appeals arise out of the First Information Report- registered as FIR Case No.227 of 2017 at Police Station Pasi Ghat, District Siang East, Arunachal Pradesh for offences under section 420/120B/34 Indian Penal Code, 1860, IPC lodged by Mr. Anil Agarwal attorney holder for Mr. Okep Tayeng, the proprietor of M/s Shiv Bhandar. This FIR was registered against several named accused, details of which will be dealt with at a later stage and additional names surfaced during investigation.

3. Three of the accused namely Chandra Mohan Badaya and Respondent Nos.3 and 4 namely Shashi Natani and Rajesh Natani filed a petition for quashing the FIR before the Gauhati High Court registered as Criminal Petition No.91 of 2021. The said petition was dismissed by Gauhati High Court by judgment and order dated 24.06.2022. Aggrieved by the same, SLP (Crl.) No.7301 of 2022 has been filed by Chandra Mohan Badaya. Five other co-accused filed writ petitions before the Rajasthan High Court also praying for quashing of the same FIR No.227 of 2017. The details of three petitions filed before the Rajasthan High Court are as follows: