YEAHYEA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Ahmed, learned counsel for the petitioners and Mr. R J Baruah, learned Addl. Public Prosecutor, Assam for the opposite party No. 1. Also heard Mr. J P Kachari, learned counsel for the opposite party No. 2/ complainant.

(2.) By this criminal petition, the petitioners have prayed for quashing the proceeding of Nilambazar Police Station Case No. 50/2016, corresponding to G R Case No. 549/2016, registered under Section 498(A) IPC, pending before learned Judicial Magistrate, First Class, Karimganj, Assam that was initiated against them, on the basis of a complaint filed by the Opposite Party No. 2 on 15.03.2016 before the learned Chief Judicial Magistrate being CR case No. 207/16.

(3.) Learned Chief Judicial Magistrate, Karimganj on 15.03.2016 itself transferred the said Complaint i.e. CR Case No. 207/16 of the said complainant to the learned Judicial Magistrate, First Class, Karimganj for its disposal. As per the prayer made by the complainant in her said Complaint CR case No. 207/16 to refer the matter to the Nilambazar Police Station to initiate a case against the accused persons in the same, i.e., the petitioners herein and to do the needful; learned JMFC, Karimganj forwarded the said complaint of the opp. Party No. 2 to the Officer-in-Charge of Nilambazar Police Station and accordingly, the said complaint of opp. Party No. 2 was considered as an FIR and Nilambazar P.S. Case No. 50/2016 under Section 498(A) was registered against the petitioners on 22.03.2016. It is submitted that the charge-sheet in said Nilambazar P.S. Case was filed on 26.07.2016 against the present petitioners under Section 498(A) IPC.