PRANOY BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhuyan, learned counsel for the petitioners and Ms. S. Jahan, learned Additional Public Prosecutor for the respondent no. 1, State of Assam. Notice in respect of the present proceeding had been duly served on the respondent no. 2 in the year 2012 but none has appeared for the respondent no. 2 till date.

(2.) This criminal petition under Section 482, Code of Criminal Procedure, 1973 ('the Code' and/or 'the CrPC', for short) has been preferred seeking quashment of the criminal proceeding of Complaint Case no. C.R. 407C /2012 and the order dated 25.06.2012 passed therein by the Court of learned Judicial Magistrate, 1st Class, Hojai, Sankardev Nagar ('the trial court', for short). By the order dated 25.06.2012, the learned trial court after taking cognizance on the complaint for the offences punishable under Sections 500/34, Indian Penal Code (IPC) and finding sufficient ground for proceeding against the two petitioners, directed issuance of process for their appearance to stand in the trial of the Complaint Case no. C.R. 407C /2012.

(3.) The complaint has been filed by the respondent no. 2 (hereinafter also referred to as 'the complainant', at places, for easy reference) on 11.06.2012 before the Court of SubDivisional Judicial Magistrate, Hojai, Sankardev Nagar arraigning the petitioner no. 1 as accused no. 1 and the petitioner no. 2 as accused no. 2 (hereinafter referred to as 'the accused no. 1' and 'the accused no. 2' respectively).