A K BORAH Vs. RAJA RAM MALLAH

JUDGEMENT

(1.) BY making this application under Section 482 Crpc, the petitioner, who is accused in C. R. Case No. 27c/2008, presently pending in the Court of the Judicial Magistrate, 1st Class, Margherita, has sought for quashing the entire complaint, which has given rise to the case aforementioned.

(2.) I have heard Mr. B. K. Bhattacharjee, learned counsel, appearing on behalf of the accused-petitioner, and Mr. B. S. Sinha, learned Additional Public Prosecutor, Assam.

(3.) THERE are two grounds, on which the complaint, in question, stands challenged in the present application made under Section 482 Cr. P. C. namely, (i) the complaint, when read as a whole, does not disclose commission of any offence, and (ii) even if the complaint discloses commission of any offence or offences, prosecution of the accused-petitioner for such offence or offences is barred by the provisions of Section 197 of the Code of Criminal Procedure.