ANIMA BORAH 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) read with Article 227 of the Constitution of India, is filed seeking quashing of the charge sheet being Charge Sheet no. 443/2017 dated 05.08.2017 submitted in connection with G.R. Case no. 1275/2016, arising out of Dibrugarh Police Station Case no. 378/2016, and the order taking cognizance dated 15.09.2017 passed by the learned Judicial Magistrate, 1st Class, Dibrugarh ('the trial court', for short) in so far as the present petitioners are concerned.

(2.) A brief narration of the facts which have led the present petitioners to file the instant petition before this Court can be exposited as under :

(3.) Heard Mr. R. Chakraborty, learned counsel for the petitioners and Mr. H. Sarma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. Though notice has been duly served on the respondent no. 2-informant and the names of learned counsel for the respondent no. 2-informant are reflected in the causelist, none has appeared on his behalf today on call. It is found that when the case was listed earlier on 18.05.2020, none had appeared on behalf of the respondent no. 2-informant on that occasion also. In view of the above situation, this criminal petition is taken up for consideration.