KAMRUL IKBAL HASAN @ MAMUN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This proceeding has been initiated u/s. 397 read with section 401 of the Cr.P.C., questioning the order dated 30.09.2013 passed by the learned Judicial Magistrate, Dhubri, in GR (MKCR) No. 213/2012 arising out of Mankachar P.S. Case No. 213/2012 refusing, amongst other things, to order further investigation in Mankachar P.S. Case No. 213/2012. Being aggrieved and dissatisfied with the order dated 30.09.2013, passed by the learned Judicial Magistrate, Dhubri, in GR (MKCR) No. 213/2012, the petitioner has come up with this proceeding contending that such order is not in tune with law as well as various decisions, rendered by the Apex Court of the country as well as the High Courts.

(2.) I have heard Mr. A.M. Buzarbaruah, assisted by Ms. M. Bora and Mr. N. Islam and also heard Mr. K. Munir, learned Addl. P.P., Assam and Mr. D. Ghosh, learned counsel appearing for the respondent No. 2.

(3.) Brief facts necessary for disposal of the present proceeding are that the informant herein had lodged an FIR with O/C, Mankachar P.S., on 26.05.2012, alleging that one Kamrul Ikbal Hassan @ Mamin (petitioner in this proceeding) had been maintaining illicit/illegal physical relationship with the petitioner over a long period of time. In the FIR, it has also been stated that on 28.05.2012 at about 12 night, said Mamun had entered into her house and committed rape on her against her will.