NARAYAN TAMULI Vs. PRADIP KUMAR TALUKDAR

JUDGEMENT

(1.) Heard Mr. B.K. Goswami, learned counsel appearing for the petitioner complainant. Also heard Mr. D.S. Bhattacharyya, learned counsel appearing for the opposite parties/accused, namely, Pradip Kumar Talukdar, Sub-Inspector of Police and Jantu Nath, a constable.

(2.) Also perused the previous order dated 6.11.95 which reveals that both side's learned counsel have shown their desire as to get this matter finally heard and disposed of at this stage.

(3.) Mr. Goswami, learned counsel submits that it was improper on the part of the learned Judicial Magistrate, Mangaldoi, Darrang vide his order dated 29.7.95 marked as Annexure-V in connection with a complaint case so lodged by the petitioner bearing C.R. Case No. 1055/95 U/s 323/201 IPC finding prima facie material against the accused opposite parties committing offences coming under the purview of Sections 323/201 read with Section 34 IPC and then instead issuing processes for facing the trial u/s 204, CrPC, giving a direction as coming from the impugned order of the learned Judicial Magistrate directing the complainant as to procure sanction in this regard withholding the issue of process.