AZIZULLAH KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. A.M. Bora, learned Senior Counsel assisted by Mr. V.A. Choudhury, learned counsel appearing for the respondent No. 2 and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

(2.) This is an application under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC for short) read with Article 227 of the Constitution of India for quashing of the order dtd. 29/5/2023 passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 349/2022 whereby the prayer of the petitioner for discharge from criminal charges was rejected and thereupon, framed charges under Sec. 120(B)/306 of the Indian Penal Code, 1860 (IPC for short).

(3.) The case of the petitioner is that on 1/7/2022 one Vineet Bagaria (since deceased) lodged an ejahar against Baidulla Khan and Sanjay Sharma alleging that they were threatening with dire consequences. Thereafter, the father of the deceased Kailash Bagaria lodged another ejahar on 5/7/2022 before the Superintendent of Police, Dibrugarh alleging that Baidulla Khan, Nishant Sharma, Sanjay Sharma along with some other persons attempted to break their house premises and also gave life threats.