MAGUS CONSTRUCTION PRIVATE LIMITED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the respondent No.1 and Mr. A.K. Bhuyan, learned counsel for the respondent No.2.

(2.) In this petition, under Sec. 482 of the Cr.P.C., read with Article 227 of the Constitution of India, two petitioners namely, M/S Magus Construction Private Limited and Shri Anup Kumar Nath, have challenged the correctness or otherwise of the order, dtd. 16/7/2018, passed by the learned Judicial Magistrate 1st Class, Kamrup (M) at Guwahati, in Complaint Case No. 1729C/2012. It is to be mentioned here that vide impugned order, the learned Court below had allowed the petition No. 6384, dtd. 6/4/2018, filed by the respondent under Sec. 91 of the Cr.P.C.

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