SHANAKARLAL SARMA (BHATRA) Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision petition is directed for quashing the proceedings in G. R. Case No. 1718 of 1973 of the Court of Sri. R.N. Deb, Magistrate, 1st Class, Gauhati, which was started on the basis of a charge -sheet dated 10.6.1973 for the prosecution of petitioner under Section 341, Indian Penal Code.

(2.) THE proceedings was initiated on the basis of a complaint by the opposite party No. 2 which reads as follows : -

(3.) FROM the complaint petition it has to be seen whether there is any offence committed by the petitioner so as to bring the Criminal Court into motion, Section 339. Indian penal Code defines wrongful restraint which reads :