(1.) Heard Mr. A.K. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1 and Mr. G. Choudhury, learned counsel appearing for the respondent No.2.
(2.) This is an application under Sec. 482 of the Cr.P.C praying for quashing of the impugned proceeding drawn under Sec. 500/34 of the Indian Penal Code, being Complaint Case No. 4285C/2013 and pending in the Court of learned Sub-Divisional Judicial Magistrate-I, Kamrup (M) at Guwahati and issued process against the present petitioner.
(3.) In brief the case of the petitioner is that the petitioner is the Chairman cum Managing Director of a Company, namely, M/s. Brahmaputra Tele Production Pvt. Ltd., which is running a T.V. Channel namely, the DY 365 and the petitioner is looking after the general administration of the company. It is submitted by the petitioner that a summons was received in the office of the petitioner, whereby she was asked to appear before the Court of learned Sub-Divisional Judicial Magistrate- I, Kamrup (M) at Guwahati. From the Summons it has come to the notice of the petitioner that a Complaint Case being C.R. Case No.4285C/2013 has been registered under Ss. 499/500/501/502/34 of Indian Penal Code, 1860 and by the impugned order dtd. 31/7/2014, the learned Trial Court was pleased to take cognizance of offence under Sec. 500/34 of Indian Penal Code and issued process against the petitioner, fixing 12/9/2014 for appearance.