(1.) Heard Mr. A. K. Bhattacharyya, learned Senior Counsel assisted by Mr. P. Kataki, learned counsel for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. T. H. Hazarika, learned counsel representing the respondent No.2.
(2.) This application, under Sec. 482 of the Code of Criminal Procedure, 1973, is preferred by the petitioner, namely Sri Suresh Garodia, for quashing of proceedings of GR Case No.13706/16, under Sec. 376/506 of the Indian Penal Code, corresponding to Bharalumukh Police Station Case No. 580/16, and also for quashing the order dtd. 4/7/2017, passed by the learned Judicial Magistrate First Class, Guwahati, in GR Case No. 13706/16, for taking cognizance under Sec. 376/506 of the IPC. It is to be noted here that vide impugned order, dtd. 4/7/2017, the learned Court below has taken cognizance against the petitioner by rejecting the Final Report submitted by the Investigating Officer.
(3.) The factual background, leading to filing of this criminal petition, is briefly stated as under:-
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