ABDUL REHMAN SHEIKH Vs. MUKUT BHATTACHARYA

JUDGEMENT

(1.) THE accused in Complaint Case No. 48 of 2011 in the Court of learned Judicial First Class, Biswanath Chariali has filed this application under section 482 of the Code of Criminal Procedure for quashing of the said criminal proceeding. THE immediate cause for filing this quashing application is the issuance of process by the learned Magistrate against the accused taking cognizance of offence Under Sections 181/182/ 199/406 of the Indian Penal Code.

(2.) HEARD Mr. T.C Khatri, learned senior counsel for the petitioner and Mr. GC Phukan, learned counsel for the sole respondent/complainant. In addition to the oral submissions, the learned counsels also submitted written synopsis of their argument. Besides this, I have also perused the complaint petition, initial statements of witnesses and other documents, filed with the criminal petition.

(3.) AS usual, the complainant's statement was recorded by the learned Judicial Magistrate under Section 200 of the Cr.P.C. and taking cognizance of the offences has issued process against the accused. Being aggrieved with the action of the learned Judicial Magistrate for taking cognizance of the offences, the sole accused has preferred this quashing petition.