SHRI. PAKSING MAILING Vs. SMTI. RUBU MEENA

JUDGEMENT

(1.) Heard Mr. M. Pertin, learned Sr. counsel for the petitioner and also heard Mr. R. Sonar, learned counsel who appears on behalf of the sole respondent.

(2.) The facts and circumstances leading to the filing of this petition under section 397 read with section 482 Cr. PC,1973, are briefly stated as follows;

(3.) Mr. M. Pertin, learned Sr. counsel for the petitioner submitted that the learned Judicial Magistrate had committed illegality by taking into consideration only the statement of the respondent recorded on 14.08.2015 which by itself was never sufficient to come to a conclusion that there was prima facie case against the petitioner under section 420/406 of Penal Code. Therefore, the order taking cognizance of the offence under section 420/406 of Penal Code against the petitioner is liable to be quashed and set aside.