RAJESH KUMAR HIMATSINGKA Vs. SACHINDRA SARMAH

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1978 read with Article 227 of the Constitution of India lays a challenge to the maintainability of the criminal proceeding being Complaint Case No. 2663c/2001 registered Under Section 406/352 IPC pending in the Court of the learned Judicial Magistrate, 1st Class, Karmrup, Guwahati. The petitioner being aggrieved by the initiation and continuance the above proceedings prays for quashing thereof.

(2.) I have heard Mr. J. Roy, learned counsel for the petitioner and Mr. B.M. Choudhury, learned counsel for the Respondent.

(3.) THE learned trial court after recording the initial deposition of the O. P. and the evidence of one mere witness took cognizance of the offence Under Section 406/352 IPC and issued process against the petitioner -accused. A search warrant was also issued for the vehicle. It was thereafter that the petitioner approached this court and by order dated 4.1.2002 this court while admitting the petition, directed in the interim that further proceedings in the complaint case as well as the order dated 29.11. 2001 would remain stayed.