SRI RAJEN GOHAIN Vs. RAKIBUL HUSSAIN

JUDGEMENT

(1.) This Criminal Revision, under Sec. 401/397 of Code of Criminal Procedure (Cr.PC), has been preferred by Sri Rajen Gohain who has been arraigned as accused No. 7 in CR Case No 3242/2014, pending in the Court of Sri S.K. Das, Judicial Magistrate 1st Class, Kamrup (Metro), Guwahati, challenging the order dated 13.07.2017 passed in the afore-noted case.

(2.) I propose to dispose of this revision petition at the motion stage itself after hearing Mr. Z. Kamar, the learned Senior Counsel assisted by Mr. T.N Das for the petitioner and Mr. A.M. Bora, the learned Senior Counsel for the respondent No. 1.

(3.) The facts of the complaint case need not be set out in details but suffice it would be to point that that a complaint case for the offences under Sec. 499/500/501/34/35 of Indian Penal Code (IPC) was filed by the respondent No. 1, as complainant, against the petitioner and few others. The learned trial Court, after recording the statement of the complainant, took cognizance against all the accused impleaded in the complaint petition and issued processes against them. The process, however, could not be served upon the accused No. 5, who was named as "The Correspondent from Sonari, ASOMIYA PRATIDIN". The order dated 02.06.2016, passed in the aforementioned case, reveals that the learned trial Court stopped the proceedings against the accused No. 5 as his identity particulars were not furnished by the complainant so as to secure his presence in the Court.