GAURI KANTA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this application, the petitioner has challenged the impugned order dated 19.7.03, by which the learned Chief Judicial Magistrate, Dhubri, took cognizance for the commission of offence alleged U/s. 448/342/323 IPC, in connection with G.R.Case No.167/2001.

(2.) THE facts leading to the filing of this revision petition may be stated in brief as follows:-

(3.) HOWEVER, on 01.11.2001 an FIR was lodged in Gauripur Police Station against the petitioner alleging commission of offence U/s 448/342/323 IPC by one Sri Biswa Goswami, who was posted as Officer-in-charge of Gauripur P.S. Apparently, the FIR was filed after 6 years from the date of occurrence. After filing of the FIR, the police launched investigation and submitted charge sheet alleging commission of offence U/s. 448/342/323 IPC against the petitioner. When the case was forwarded to the Court of the learned Chief Judicial Magistrate, Dhubri, where the learned appellate court took cognizance of the offence under U/s. 448/342/323 IPC. The petitioner has challenged the order of the cognizance of the court after expiry of the limitation as prescribed U/s 468 CrPC.