RAMADHAR LALL Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY making this application, under Section 482 of the Code of Criminal Procedure, (in short, 'the Code'), the petitioner, who is an accused in GR Case No. 3816/1998, arising out of Bharalumukh P. S. Case No. 195/98, has put to challenge, inter alia, the order, dated 28. 08. 2003, whereby the learned Judicial Magistrate, Kamrup, has rejected the report, commonly known as 'final report', submitted by the police, on completion of investigation under Section 173 (2) (i) of the Code, recommending closure of the case and also the order, dated 01. 09. 2003, whereby the learned Chief Judicial Magistrate, Kamrup, has taken cognizance of offences under Sections 448/326/307 IPC and made over the case to another Magistrate for disposal.

(2.) I have heard Mr. S. S. Sharma, learned Senior counsel, for the petitioner, and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(3.) BEFORE entering into the discussion as to whether the orders, when stand impugned in this petition, are legally sustainable or not, the material facts, which gave rise to this petition, may, in brief, be set out as under :