MD MAKFUR RAHMAN Vs. MD KAJIMUL HUSSAIN BARUAH

JUDGEMENT

(1.) By making this application under Section 482 of the Code of Criminal Procedure, (in short "the Code"), the petitioners, who are accused in Case No. 232/2006, have sought for quashing, amongst others, the order, dated 16-3-2006. whereby the learned Judicial Magistrate, 2nd Class, Guwahati, has taken cognizance of offence under Section 506 read with Section 34, I.P. C. against the accused-petitioners.

(2.) The material facts and various stages, which have led to the filing of the present petition, may, in brief, be set out as follows : The present petitioners lodged a complaint against the opposite party No. 1 herein alleging, inter alia, that on 27-11-2005, at about 1.00 p.m., the opposite party No. 1 herein along with some others forcibly entered into the land of the complainant, removed the fencing, which had been raised by the complainant for preventing illegal parking of vehicles, destroyed the said fencing and when resistance was offered by the peon and security guard of the complainant, the accused abused them and threatened them with dire consequences. This complaint gave rise to the Complaint Case No. 7318/2005. Having taken, on the basis of this complaint, cognizance of offences, under Sections 427/443/506, I. P. C., against the accused-opposite party No. 1, the learned Judicial Magistrate, 2nd Class, Guwahati, issued summons to the opposite party No. 1 herein as accused, whereupon the opposite party No. 1 appeared in the Complaint Case aforementioned and informed the learned Court below that the opposite party No. 1 herein had lodged an Ejahar, at Dispur Police Station, against the petitioners herein and based on this Ejahar, police had registered Non-FIR Case No. 06/2005 and submitted charge-sheet against the present petitioners as accused under Sections 506/34, I. P. C. and, hence both these cases shall be tried simultaneously. Thus, during the pendency of the CR Case No. 7318C/2005, it transpired that pursuant to an Ejahar, lodged by the opposite party No. 1 herein, the police registered Non-FIR Case No. 06/2005 aforementioned and, upon enquiry, filed an offence report seeking orders for prosecution of the present accused-petitioners under Sections 506/34, I.P. C. Based on this charge-sheet, Case No. 232C/2006 was registered and by order, dated 16-3-2006, learned Court below took cognizance of offence under Section 506/34, I. P. C. against the present petitioners as accused and directed issuance of summons to them. It is the order, dated 16-3-2006, aforementioned, which stands impugned in the present revision.

(3.) I have heard Mr. P. Kataki, learned counsel for the accused-petitioners, and Mr. D. C. Mahanta, learned Senior counsel, appearing on behalf of the Opposite Party No. 1. I have also heard Mr. K. Munir, learned Additional Public Prosecutor, Assam, for the Opposite Party No. 2.