ISHAN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel appearing for the accused/petitioner. Also heard Mr. S. Ahmed, learned counsel for the respondent No. 2.

(2.) By filing this application u/s 482 Cr.PC, the petitioner has prayed for quashing of the criminal proceeding being PRC case no. 2154/2021, pending in the court of learned Chief Judicial Magistrate, Nagaon, including the impugned FIR and charge-sheet.

(3.) In the instant petition, the petitioner put to challenge the legality and validity of registration of Nagaon, Sadar PS case No. 1374/2019 (PRC Case no. 2154/2021) u/s 494/294/506/447 IPC. Initially, the opposite party no. 2 filed a complaint case before the learned SDJM(S) Nagaon vide CR case No. 424/2019, alleging that the petitioner, who is the husband of the complainant/opposite party No. 2, without dissolution of their marriage had contracted another marriage. The learned SDJM, Nagaon invoked the provision of Sec. 156(3) Cr.P.C and vide impugned order dtd. 14/05/2019, directed the OC, Nagaon PS to register a case and investigate the same and submit report. Consequently, on receipt of the same complaint petition, the OC, Nagaon P.S registered a case vide Nagaon P.S case no. 1374/2019 u/s 494/294/506/447 IPC. Accordingly, after submission of charge sheet, the case was proceeded as PRC case no. 2154/2021 before the learned CJM, Nagaon.