Gauhati High Court
Crl.Petn./153/2025 of Atul Sharma and Anr Vs The State of AP and Anr on 26 May 2026
GAHC040011302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./153/2025 Atul Sharma and Anr Son of Ramesh Chandra Sharma, resident of 224, Bhaley Bhaaj Khan Sarai Tareen, Sambhal District Moradabad, Uttar Pradesh. 2:
GAHC040011302025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
(ITANAGAR BENCH)
Case No. : Crl.Petn./153/2025
Atul Sharma and Anr
Son of Ramesh Chandra Sharma, resident of 224, Bhaley Bhaaj Khan Sarai Tareen, Sambhal District Moradabad, Uttar Pradesh.
2: Ankit Mishra @ Ankit Mishera
Age:
Occupation :
Son of Ravikant Mishra
permanent resident of Myuni
PS Sikandarpur Vaishya
District Kanshiram Nagar
Uttar Pradesh presently resident of Ghoramara Tinali Bhetapara Opposite Kali Mandir Beltola Guwahati Kamrup (M) Assa
VERSUS
The State of AP and Anr
represented by the PP of AP 2:M/s Hachang Tachang Age: 0
Occupation :
proprietor Shri Hachang Tachang
Lower Model Village
Naharlagun
Papum Pare District
Arunachal Pradesh 79111
Advocate for the Petitioner : Geli Taye, B Sharma Advocate for the Respondent : P P of AP,
-BEFORE-
HON’BLE MR. JUSTICE BUDI HABUNG
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ORDER
27.05.2026 Heard Mr. G. Taye, learned counsel for the petitioners and Mr. D. Loyi, learned PP for the State.
2. This application under Section 528 of the BNSS, 2023 has been filed by the petitioners praying for quashing and setting aside of the proceeding in connection with Naharlagun P.S. Case No. 27/2025 registered under Sections 316(5)/351(2)/3(5) of BNS, 2023.
3. The case of the petitioners is that based on a written FIR lodged by the respondent No. 2 alleging against the petitioner for dishonest, misappropriation of property, Criminal Breach of Trust, Life threatening in phone calls and Whatsapp messages, using personal information to threaten, causing mental trauma, criminal intimidation, the police has registered the aforementioned Naharlagun P.S. Case No. 27/2025.
4. The concerned Case Diary was called for. However, today Mr. D. Loyi, learned PP submits that Case Diary has not been received, however, he received a WT message informing that upon completion of the investigation, the aforementioned Naharlagun P.S. Case No. 27/2025 has already been submitted into a final report vide FR No.206/25 dated 30.10.2025. It is further submitted on record that the FIR was lodged and registered due to the mistake of fact. Therefore, the learned PP has submitted that the matter may be closed accordingly.
5. In view of the above submission, this Criminal Petition is disposed of with a direction to the learned Trial Court to pass necessary order in terms of the Final Report submitted by the I.O. of the case being FR No. 206/25 dated 30.10.2025 and dispose of the matter after affording opportunity to the informant in accordance with law. With the above observation, this Criminal Petition stands disposed of. JUDGE Comparing Assistant