DHANANJOY BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition under Section 482, Code of Criminal Procedure, 1973 ('the Code' and/or 'the CrPC', for short) has been preferred seeking quashing and setting aside of the criminal proceeding in G.R. Case no. 799/2010, presently pending before the Court of learned Chief Judicial Magistrate, Bongaigaon ('the trial court', for short), and the order dated 21.04.2012 passed by the learned trial court.

(2.) The two petitioners (hereinafter also referred to as 'the accused no. 1' and 'the accused no. 2' respectively, at places, for easy reference) are facing criminal prosecution before the learned trial court for offences punishable under Sections 498A/34, Indian Penal Code (IPC). The accused no. 1 is the son of the accused no. 2. By the order dated 21.04.2012, the learned trial court had framed charges against the accused persons for the offences punishable under Sections 498A/34, IPC finding prima facie materials against them to proceed for trial. After framing the charges, the charges were read over and explained to the accused to which they pleaded not guilty and claimed to be tried.

(3.) The events which have led the petitioners to file this criminal petition invoking the inherent jurisdiction of this Court under Section 482 of the Code can be exposited, in brief, as follows :