LAWS(GAU)-2023-4-90

UMAR FARUQUE Vs. STATE OF ASSAM

Decided On April 21, 2023
Umar Faruque Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. J.C. Borah, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

(2.) This petition, under Sec. 482 of the Code of Criminal Procedure, is preferred jointly by three petitioners, namely, (1) Umar Faruque @ Faruk Ali, (2) Abul Hussain and (3) Musstt. 'X' (name withheld), for quashing of the Criminal Proceeding, being G.R. Case No.34/2016 (corresponding to Bhelowguri P.S. Case No.04/2016), under Sec. 366(A)/34 of the IPC, pending in the Court of learned Chief Judicial Magistrate, Morigaon. It is to be noted here that the aforementioned case has been lodged by one Abul Hussain on 8/1/2016.

(3.) The factual background leading to filing of the present petition is briefly stated as under: