K.S. OILS LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Legality Propriety and correctness of the order dtd. 11/8/2016, passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati, in C.R. Case No. 1200/2001, is challenged in this revision petition under Ss. 379/401 of the Code of Criminal Procedure read with Article 227 of the Constitution India by seven petitioners. It is to be mentioned here that vide impugned order dtd. 11/8/2016, the learned Chief Judicial Magistrate, Kamrup, has dismissed the petition, filed by the petitioners, for discharging them from the case, on the ground that the matter of discharge in a warrant procedure case, instituted otherwise then on police report, is governed by Sec. 245 of the Code of Criminal Procedure and the case is still in the appearance stage and hence, the petition is pre-mature for consideration, and directed to issue non-bailable warrant of arrest against petitioner Nos. 2 to 7.

(2.) The factual background, leading to filing of the present revision petition, under Ss. 397/401 read with Article 227 of the Constitution of India, is adumbrated herein below :-

(3.) Heard Ms. S. Chakravarty, learned counsel for the petitioners. Also heard D. Das, learned Additional Public Prosecutor for the State respondents.