RUMI BORA Vs. GENERAL FIBER DEALERS PVT. LTD.

JUDGEMENT

(1.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC for short) for quashing the impugned order dtd. 15/2/2023 passed by the learned Judicial Magistrate First Class, Nazira, Sivsagar (hereinafter the Magistrate, for short) whereby the Magistrate took cognizance against the petitioner Smt. Rumi Bora (hereinafter referred to as the petitioner) under Sec. 452 of the Companies Act, 2013 (Act of 2013 for short). The petitioner has also prayed for quashing the subsequent orders passed after 15/2/2023 in connection with the same case i.e. CR Case No. 07/2023.

(2.) The petitioner has further prayed for quashing the order dtd. 24/1/2024 passed in the aforementioned case, allowing the interim prayer of the complainant/opposite party (hereinafter referred to as the complaint) under S. 452 (2) of the Act of 2013 directing the petitioner to vacate the quarter allotted to her husband incidental to his service.

(3.) The factual matrix of the case is that the complainant lodged a complaint before the learned Magistrate inter-alia alleging that the petitioner was the wife of the erstwhile employee Dino Nath Bora. He was working as B Grade staff in the Tea Garden since 1/6/1980 and he retired from service on 1/9/2011. Incidental to his service, the employee Dino Nath Bora during his lifetime was allotted a house at Suntok Tea Estate but after retirement, the employee had to vacate his house. The petitioner along with the inmates disagreed to vacate the company's quarter allotted to her husband even after retirement of her husband.