GIRINDRA NATH NEOG Vs. JITEN SAIKIA

JUDGEMENT

(1.) THE opposite party herein lodged a complaint, in the Court of the Chief Judicial Magistrate, Golaghat, which gave rise to CR Case No. 801 of 2006. In course of time, the complaint was made over, for disposal, to the Judicial Magistrate, 1st Class, Golaghat, who, having examined the complainant, under Section 200 Cr.P.C., and after recording the complainant's statement, took cognizance of offences under Sections 419/473/109 IPC and by order, dated 19-05-2005, directed issuance of processes against the present petitioner, namely, Shri Girindra Nath Neog, who had been impleaded in the complaint as the accused No. 2, and one Shri Laxmi Narayan Bhattar, who was impleaded as accused No. 1.

(2.) WITH the help of this application, made under Section 482 Cr.P.C., the present petitioner, who stands, as indicated above, impleaded as accused No. 2, in the said complaint case, has put to challenge the order, dated 19-05-2006, aforementioned, seeking the said order to be set aside and quashed so far as the direction to issue process against the present- petitioner is concerned.

(3.) WHILE considering the present criminal petition, it is also important to note that it is not the case of the complainant that the amount, which was raised by the bills for consumption of electrical energy, was paid to anyone other than the ASEB and/or any amount was paid to, or came to the share of, the accused No. 2. This apart, the materials placed on record indicate that on payment, having been received by the ASEB of the pending bills, the ASEB granted restoration of electrical energy to the mill of the said Society subject to certain conditions.