AMINUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Talukdar, learned counsel appearing for and on behalf of the petitioner/husband. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent and Mr. K. Bhattacharjee, learned counsel appearing for and on behalf of the respondent/wife.

(2.) Having regard to the submission so made and the materials available in the case record, the matter is taken up for disposal at the admission stage itself.

(3.) The petitioner herein has been arrayed as the accused in the G.R. Case No.13735/2015 and the charge has been framed under Section 498(A) of the IPC, vide order dated 09.01.2019, by the Court of learned Judicial Magistrate 1st Class, Kamrup (M) at Guwahati. Challenging the order of framing of charge and the entire proceeding, the petitioner is before this Court by way of this petition under Section 482 of the CrPC, contending that the FIR as well as the statement of the victim coupled with the statement of the witnesses, so far examined by the prosecution under Section 161 of the CrPC, no charge is sustainable under Section 498(A) of the IPC and as such, framing of charge is bad in law and continuation of the proceeding without any supporting evidence from any independent witness will amount to abuse of the process of law, if such proceeding is allowed to continue.