SASANKA DEY Vs. DIPANKAR BRAHMA

JUDGEMENT

(1.) BY making this application under Section 482 Crpc, the petitioner, who is an accused in Complaint Case No. 2161c /2007, pending in the Court of the Judicial Magistrate, 1st Class, Guwahati, has sought for quashing of the entire complaint, which has given rise to the case aforementioned.

(2.) I have heard Mr. N. N. Karmakar, learned counsel, appearing on behalf of the accused-petitioner.

(3.) THE accused-petitioner, it may be noted, has sought for quashing of the complaint, in question, on two grounds, namely, (i) that in the facts and circumstances of the present case, the learned Magistrate ought to have directed investigation by the police into the alleged commission of offence instead of taking cognizance of the case and proceeding with the same as a complaint case; and (ii) that the materials, which were available on record, did not constitute prima facie a case against the accused-petitioner under Sections 384, 506 or 323 IPC inasmuch as the complainant's accusations, made against the accused-petitioner, were not corroborated by the witness, who was examined in exercise of the Magistrate's powers under Section 200 Crpc. In support of the contention that no prima facie case was disclosed by the materials on record, it is also pointed out that there are some contradictions between the allegations made by the complainant in his complaint and what the complainant stated, when his statement was recorded under Section 200 Crpc.