MOMINA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Section 482 of Code of Criminal Procedure, 1973, the complainant/petitioner has challenged the order dated 20.12.2011 (passed by learned Sub-Divisional Judicial Magistrate(S) No. 2, Kamrup at Guwahati, in C.R. Case No. 2306/2009, whereby the prayer of the petitioner to frame charge against the accused/respondents, was rejected under Section 377 of the IPC. I have heard Mr. A.K. Buhyan, learned counsel for the petitioner and Mr. A.M. Bora, learned counsel representing the private Respondent No. 3 as well as Mr. B.B. Gogoi, learned Addl. PP for the State.

(2.) The facts leading to filing this petition, in brief, may be stated as follows:

(3.) The complaint petition filed by the complainant/petitioner, was registered as C.R. Case No. 2906/2009, in the Court of learned CJM, Kamrup. The case was transferred to the Court of learned SDJM(S), Kamrup for disposal. The learned trial Court after recording the initial deposition of the complainant, examined witnesses, as per provisions of Section 202 of CrPC and thus took cognizance of the offence under Section 323/354/377/34 of IPC against the accused-respondent No. 3.