LAWS(GAU)-2022-1-129

LAKHI NATH DAS Vs. STATE OF ASSAM

Decided On January 28, 2022
Lakhi Nath Das Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Order dtd. 21/11/2019, passed by the learned Chief Judicial Magistrate, Sivasagar, in G.R. Case No. 451/2011 is challenged in this petitioner under sec. 482 Cr.P.C. by the petitioner Sri Lakhi Nath Das @ Samir. Be it noted here that vide impugned order dtd. 21/11/2019, the learned Chief Judicial Magistrate, Sivasagar ordered for re-examination of P.W. 9 and calling the certificate under sec. 65B.

(2.) The factual matrix leading to filing of the present petition is stated as under:

(3.) The petitioner is an accused in G.R. Case No. 451/2021, under sec. 406/420 of the IPC, which was registered on the basis of one FIR lodged by Sri Mukut Dutta and Sri Kumud Dutta, wherein it is alleged that the petitioner took sum of Rs.6,90,000.00, for providing employment to them but neither he provided any employment to the complainants nor returned the money to them. On the basis of said complaint, Sivasagar P.S. Case No. 168/2011, under sec. 406/420, has been registered and the same is duly investigated and the investigation culminated in submission of charge-sheet against the petitioner under sec. 406/420 of IPC.