LAWS(GAU)-2023-5-110

BIRENDRA NATH DAS Vs. STATE OF ASSAM

Decided On May 03, 2023
BIRENDRA NATH DAS Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned counsel appearing on behalf of the petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P. appearing for the State respondent no. 1. Also heard Mr. K.R. Patgiri, learned counsel appearing for the respondent nos. 3 to 7.

(2.) The petitioner Sri Birendra Nath Das has filed this application under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C for short) read with Article 227 of the Constitution of India with prayer for quashing the proceeding of C.R. case No. 806/2016, under Sec. 133 Cr.P.C and the order of remand for further enquiry passed by the learned Additional Sessions Judge Bajali dtd. 30/6/2017.

(3.) The respondents filed a petition under Sec. 133 Cr.P.C in the Court of the Sub-Divisional Magistrate, Bajali and the petitioner was arrayed as a second party in the proceeding.