MD. ANOWAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.I. Uddin, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam for the State/respondent No. 1 and Mr. Haldar, learned counsel for the respondent No. 2/informant.

(2.) This petition under Section 482 Cr.P.C. is filed by the petitioner praying for quashing of the proceeding in G.R. Case No. 63/2015 (arising out of Lanka P.S. Case No. 10/2015) under Sections 143/447/427/323/506 of the IPC pending in the Court of learned Judicial Magistrate, 1st Class, Hojai at Sankardev Nagar.

(3.) The petitioner's contention, in a nutshell, is that the respondent No. 2 lodged an FIR before the Officer In-charge of Lanka P.S., on 08.01.2015, alleging, interalia, that the petitioner and 4(four) others wrongfully trespassed into his house premises by damaging the boundary bamboo fencing and assaulted him. Accordingly, the above noted case was registered and after completion of investigation, the police submitted charge-sheet against 3(three) accused persons including the petitioner showing him absconder, under Sections 341/352/294/506/34 of the IPC.