AJIT KUMAR PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein is a Doctor. On 23-1-94 there was an incident which can be better described by quoting the FIR of that case.

(2.) The law on this point is settled by a decision of the Apex Court in (1982) 1 SCC 561 : (1982 Cri LJ 819) (State of West Bengal v. Swapan Kumar Guha. The Supreme Court pointed out as follows :

(3.) But an affidavit-in-opposition has been filed on behalf of the Respondents wherein paragraph 7 it has been stated as follows :-