PHULU GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of this application, made under Section 482 CrPC, the petitioner, who is one of the accused in GR Case No. 178 of 2004, has sought to get set aside and quashed the order dated 16.08.2010, which has been passed in the case aforementioned, by the learned Sub-Divisional Judicial Magistrate (II), Kamrup, Guwahati, whereby the learned Sub- Divisional Judicial Magistrate (II), Kamrup, Guwahati, has not accepted the final report submitted by the police under Section 173 CrPC and taken cognizance of offences, under Sections 406/420/414/411/120(B) IPC, against the petitioner and three others as accused.

(2.) I have heard Mr. A. M. Bora, learned counsel for the petitioner, and Mr. K. Munir, learned Additional Public Prosecutor, Assam, appearing on behalf of the State-opposite party No.1. I have also heard Mr. P. J. Phukan, learned counsel for the informant-opposite party No. 2.

(3.) IN support of her case, the petitioner has also placed on record the letter, dated 06.01.2004, issued by Festival Director, 'Katha' requesting her to receive the said two prizes as the recipients thereof had not arrived at the ceremony. The petitioner has also placed on record a copy of the receipt given, on 13.01. 2004, by Sri H. Gogoi, Sub-Editor, 'Garioshi', to the petitioner acknowledging the fact that the petitioner had handed over, on 13.01.2010, the two certificates and the cash amount of Rs. 3,000/- in respect of 2nd and 3rd prizes, which had been awarded to the informant, namely, Sri Arnab Jan Deka and Smt. Ratna Bharali Talukdar in the contest jointly conducted by 'Garioshi' and 'Katha' and the same would be handed over to the Editor of 'Garioshi', namely, C.P. Saikia, when he arrives from Delhi.