ANAMIKA BORO 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 setting aside and quashment of the criminal proceeding of Complaint Case no. C.R. 2059C /2011, presently pending before the Court of learned Sub-Divisional Judicial Magistrate (Sadar), Kokrajhar ('the trial court', for short) and the order dated 27.12.2011 whereby the learned trial court had taken cognizance and issued process against the petitioner to stand the trial for the offence punishable under Section 417, Indian Penal Code (IPC).

(2.) When the case was listed on 01.06.2020 last, Mr. S. Chauhan, learned counsel for the petitioner and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent no. 1, State of Assam were heard in part. Notice was duly served on the respondent no. 2 and accordingly, the respondent no. 2 had entered appearance through learned engaged counsel. When the matter was taken up on 01.06.2020, none had appeared on behalf of the respondent no. 2 on that occasion. In view of non-representation on behalf of the respondent no. 2 on 01.06.2020, the case was ordered to be posted today so as to give a further opportunity to the respondent no. 2 to represent his case. It was observed that in the event of non-representation on behalf of the respondent no. 2 on the next date, the case would be considered on merit with reference to the materials on record. Today also, none has appeared on behalf of the respondent no. 2 on call. Accordingly, the case is taken up for final disposal.

(3.) I have heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent no. 2, State of Assam today. I have also perused the materials available in the record of Complaint Case no. C.R. 2059C /2011.