DIGANTA BARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel, being assisted by Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam appearing for the State/respondent No.1 and Mr. J.I. Borbhuiya, learned counsel for the respondent No.2.

(2.) In this petition, under Sec. 482 of the Cr.P.C., petitioner Sri Diganta Barah has put to challenge the correctness or otherwise of the order, dtd. 28/4/2016, passed by the learned Chief Judicial Magistrate, Dhubri in C.R. Case No.263/2016. It is to be noted here that vide impugned order dtd. 28/4/2016, the learned Chief Judicial Magistrate, Dhubri took cognizance of the offences under Sec. 120(B)/166/294/352 /354/357/509/34 of the IPC, against the present petitioner along with three other accused persons and issued process to him to appear before the Court and to stand trial.

(3.) The background facts, leading to filing of the present petition, are adumbrated as under:-