LAWS(GAU)-2023-8-26

NILOY PAUL Vs. PUTULIA DEVI SARMA

Decided On August 07, 2023
Niloy Paul Appellant
V/S
Putulia Devi Sarma Respondents

JUDGEMENT

(1.) Heard Mr. A Bhattacharya, the learned counsel for the petitioner and Mr. PK Deka, learned counsel appearing for the respondent.

(2.) The present petition is filed under Sec. 482 Cr.P.C. read with Sec. 401 Cr.P.C. for quashing of the order dtd. 17/2/2022 whereby the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati had taken cognizance of offences under Sec. 406/420 IPC against the petitioner on the basis of a complaint filed by the sole respondent, after considering the documents exhibited and recording statements of the sole respondent and one witness under Sec. 200 Cr.P.C.

(3.) The learned counsel for the petitioner submits that reading as a whole the complaint petition as well as the initial deposition of the sole respondent recorded under Sec. 200 Cr.P.C. makes out no case against the present petitioner to proceed or to take cognizance by the learned Magistrate and therefore this is a fit case to interfere by this court in exercise of its power under Sec. 482 Cr.P.C.