KAKOLI GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.J. Sarmah, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1 and Mr. A.A. Dewan, learned counsel appearing for the respondent No.2.

(2.) Correctness or otherwise of the order dtd. 28/1/2019, passed by the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, in PRC Case No.232/2017, registered under Sec. 420/468/409 of the IPC is challenged in this petition under Sec. 482 read with Sec. 397 and 401 of the Code of Criminal Procedure, 1973. It is to be noted here that vide impugned order dtd. 17/3/2021 the learned Court below has invoked the jurisdiction under Sec. 319 Cr.P.C. and impleaded the petitioner as one of the accused in the aforementioned case.

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