VIVEK AGRAWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Cr.P.C. by the petitioners for quashment of the FIR dated 21.03.2015, on the basis of which, Changsari P.S. Case No. 58/2015 under Sections 120 (B)/287/338 IPC has been registered and also the order dated 06.07.2015 passed by the learned Judicial Magistrate First Class, Rangia, in the aforesaid case, taking cognizance of offence against the accused petitioners under the aforesaid Sections.

(2.) The factual background of the case in a nutshell is that the first informant Sri. Mahidhar Kalita, who is the respondent no. 2 of the present petition sustained serious injurious in his right hand, while he was working as an employee of the Lakshmi Narayan Cartoon Company at Sinduri Ghopa. Blaming the owner and supervisor of the company for their negligence, he filed an FIR with O/C Changsari Police Station, on the basis of which Changsari P.S. Case No. 58/2015 under Sections 120(B)/287/338 IPC has been registered and on completion of investigation, charge-sheet was submitted against the petitioners, who are the partners and employees respectively of the said company namely, M/S Laxminarayan Kraft Industries, which is a registered Partnership firm.

(3.) On the basis of the charge-sheet, the Magistrate took cognizance against the petitioners and issued process, vide order dated 06.07.2015.