SUREN BORAH Vs. GANGA KATAKY

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the petitioner and Mr. A. Gautam, learned counsel for the respondent.

(2.) By this petition under Section 482 read with Sections 397/401 Cr.P.C., the petitioner has prayed for quashing of the criminal proceeding in C.R. Case No. 181/2011 under Section 500 of the IPC pending in the Court of learned Sub-Divisional Judicial Magistrate (M), ['SDJM (M)' for short] at Biswanath Chariali, Assam.

(3.) The petitioner's contentions, in brief, are that the respondent/complainant filed a Title Suit being T.S. No. 04/2010 in the Court of learned Munsiff, Biswanath Chariali against him for recovery of a plot of land situated at Gohpur, whereon he is running hotel business, based on claim of purchase of the said plot of land from the original pattadar Late Suren Hazarika. In the said suit, the petitioner tendered his evidence-on-affidavit. The respondent/complainant raised objection to Para No. 9 of his evidence-on-affidavit, where he termed the respondent/complainant to be a dishonest and fraudulent person and also termed that the plaintiff/complainant obtained the documents fraudulently in respect of the suit land misleading Late Suren Hazarika, the original pattadar and therefore, filed the complaint case being C.R. Case No. 181/2011, as stated above. After due enquiry under Sections 200/201 Cr.P.C., the learned SDJM (M), Biswanath Chariali, took cognizance of the offence under Section 500 of the IPC against the petitioner and issued summons to him accordingly.