UTPAL GOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this criminal petition, the extra ordinary power under Section 482 CrPC is sought to. be invoked for quashing the order dated 14.09.20216 passed in GR Case No. 9590/2011, whereby, the learned Judicial Magistrate First Class, Kamrup (M) framed charges against the petitioner under Section 448/380 IPC and also to quash the entire proceeding in the aforesaid criminal case.

(2.) Learned counsel Mr. B.M. Choudhury appearing for the petitioner and Mr. D.K. Kothari for the respondent No. 2 as well as Mr. B.B. Gogoi, learned Addl. P.P. for the respondent No. 1 were heard.

(3.) The brief facts of the case, which may be relevant for disposal of this criminal petition are that the respondent No. 2 lodged an FIR on 02.10.2011 against the present petitioner alleging interalia, that the petitioner committed domestic violence on the respondent No. 2, for which, she had to file criminal cases including proceeding under Protection of women against Domestic Violence Act (in short D.V. Act), being MC No. 122m/2010. In the proceeding under DV Act, learned Magistrate passed various prohibitory orders including restraining the petitioner to perpetrate domestic violence against the respondent No. 2 from dispossessing the respondent No. 2 from the share household, entering into the portion of the shared household in possession of the respondent No. 2 etc. and in violation of the said order, the petitioner trespassed into the house of the respondent No. 2 and had taken away various articles including her personal diary, ornaments, cash amount etc. by breaking the almira. On the basis of the said FIR, police registered Latasil P.S. Case No. 197/2011 under Section 453/380 IPC and after completion of the investigation, submitted charge sheet against the petitioner under Section 448/380 IPC. On the basis of the charge sheet filed by police, learned Judicial Magistrate took cognizance and framed charges against the petitioner under Section 380/448 IPC by the order impugned.