MD. AZIZUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Sec. 401 read with sections 397 and 482 Crimial P.C., 1973 the petitioner, namely, Md. Azizul Ali, who is arrayed as an accused in Sessions Case No. 21 (DM)/2017 (corresponding to Sipajhar P.S. Case No. 774/2015), has prayed for setting aside and quashing of the order, dated 19.05.2017, whereby charges under Sec. 366/497 Penal Code have been framed against him.

(2.) Heard Mr. S. K. Mahammad, learned counsel for the petitioner and Mr. B. Gogoi, learned Addl. Public Prosecutor, appearing for the State Respondent No. 1. Perused record.

(3.) Mr. S. K. Mahammad, learned counsel for the petitioner, submits that the learned Sessions Judge, Darrang at Mangaldoi, without considering the fact of non-availability of any prima-facie material on the case diary against the accused/petitioner has framed the charges aforementioned against him. Mr. Mahammad submits that the victim woman in her statement, recorded under Sec. 161 Crimial P.C., 1973 did not implicate the accused/petitioner with the alleged offences, with which he has been charged.