LAWS(GAU)-2024-4-107

JOGESH BORAH Vs. STATE OF ASSAM

Decided On April 09, 2024
Jogesh Borah Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel for the petitioner and also heard Mr. P.S. Lahkar, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

(2.) In this petition, under Sec. 482 read with Ss. 397 and 401 of the Code of Criminal Procedure, 1973, the petitioner, namely, Dr. Jogesh Borah has challenged the correctness of otherwise of the order dtd. 6/5/2022 passed by the learned Judicial Magistrate First Class, Nazira, Sivasagar, in PRC Case No.143/2020, arising out of Simaluguri P.S. Case No.76/2019, under Ss. 406/409/420 IPC. It is to be noted here that vide impugned order dtd. 6/5/2022, the learned Court below has framed charge against the present petitioner Dr. Jogesh Borah, under Ss. 409/34 IPC.

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