SIRIS KUMAR DAS Vs. NAGENDRA NATH DAS

JUDGEMENT

(1.) Criminal Revision No. 68 of 1981 and Criminal Revision No. 87 of 1981 can be disposed of by a common judgment and order as both the cases are for quashing the proceedings in ease No. 1C/81 pending in the Court of the learned Judicial Magistrate of the First Class under sections 401 and 482, Cr. P.C.

(2.) Case No 1C/81 pending in the Court of the learned Judicial Magistrate of the First Class, Gauhati was instituted by the complainant opposite party Nagendra Nath Das by lodging a complaint on 1.1.81 against Sins Kumar Das (petitioner in Cril. Revis. No. 68 of 1981) and N.C. Gogoi (petitioner in Cr1. Revn. No. 87 of 1981) and one person not named in the complaint. The learned Magistrate, on 3.1.81, examined the complainant under section 200, Cr. P.C. As the learned Magistrate flelt it necessary for further evidence, he fixed S.l.81 for examination of witness under section 202, Cr. P.C. On 5.1.81, the learned Magistrate examined one witness Hadreshwar Rajbangshi. After the examination of the witness, the learned Magistrate issued warrant of arrest under sections 454/- 379/34, IPC; hence these petitions.

(3.) Mr. J.M. Choudhury, the learned counsel for the petitioner, has submitted that on the basis of the materials on records, no offence said to have been committed has been made out, therefore the proceedings are liable to be quashed.