ARDHENDU KUMAR DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition has been filed by the petitioner Dr. A.K. Dey, who is the Minister in charge of Food and Civil Supplies, Govt. of Assam against the order dated 1.2.93 in CR Case No. 59C/93 taking cognizance of the case issuing warrant of arrest and also for quashing the entire proceedings in the above mentioned case pending before the Judicial Magistrate, 1st Class, Hojai.

(2.) The above mentioned case was registered on the basis of a complaint lodged by one Fakrul Islam, opposite party No. 2 alleging killing of one Abdul Haque by the petitioner with a small gun, taking out from his pocket, in presence of his security guards and escort parties.

(3.) As transpired from the complaint the occurrence took place on 9.12.92 but the complaint was lodged before the Judicial Magistrate on 1.2.93. The reason for delay in filing the complaint was stated that on 13.12.92 the complainant filed FIR with the police, but the same was not accepted asking him to file it: after the 'normalcy' is restored and that on subsequent date also same was not accepted and thereafter the complaint was filed. Apparently no date was mentioned of the subsequent ejahar and there was no mention of police station in which FIR was sought to be lodged.