JAMUNA SHAH Vs. BHUBEN CHANDRA KALITA

JUDGEMENT

(1.) K.Agarwal, learned counsel for the petitioners and Mr. J. M. Choudhury, learned counsel for the respondent.

(2.) This is an application under Section 482, Cr.P.C., for quashing of the complaint case No. 260C 1997 u/S. 427, IPC, pending in the Court of Judicial Magistrate, 1st Class, Tinsukia.

(3.) The respondent complainant Bhuban Ch. Kalita filed a written complaint on 12-3-97 before the Chief Judicial Magistrate, Tinsukia alleging inter alia that on 11-1-97 the accused persons forcibly dismentled the stair case constructed by him and also removed certain construction materials causing damage to the tune of Rs. 75,000.00. Learned Chief Judicial Magistrate forwarded the complaint to the o/C, Tinsukia Police Station to register Tinsukia P.S. Case No. 134/97 u/S/ 427/506/379/511, IPC. The case was investigated and thereafter police submitted Final Report No. 140/97 on 23-5-97. Notice was issued to the complainant wherein it was stated that the case has been registered and Final Report was submitted u/S. 427, IPC. As no objection was filed by the complainant, the Final Report was accepted by the Chief Judicial Magistrate, Tinsukia. Subsequently the petitioner filed an application to allow him to purusue the earlier complaint. However vide order dated 28-7-97 his prayer was rejected.