LAWS(GAU)-2018-12-85

KISHOR SHARMA Vs. INDRAJIT KUMAR MAZUMDAR

Decided On December 11, 2018
Kishor Sharma Appellant
V/S
Indrajit Kumar Mazumdar Respondents

JUDGEMENT

(1.) Heard Mr. I. Choudhury, learned counsel for the petitioner.

(2.) The petitioner, Kishor Sharma has preferred this criminal petition under Section 482 CrPC praying for quashing the order dated 27.06.2016, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Kamrup (Metro), Guwahati, in C.R. Case No. 1158c/2016, wherein the learned Magistrate, after recording the statement of the complainant, sole respondent herein and his witness, took cognizance of the offences under Section 406/420/34 of the IPC against the petitioner and 4 (four) others named in the said complaint petition and also for quashing the entire proceeding of the said C.R. Case, pending before the said Magistrate.

(3.) The sole respondent on 20.04.2016 filed a complaint petition before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, being C.R. Case No. 1158c/2016, praying for initiation of a proceeding against the accused persons, named therein, under Sections 406/420/34 of IPC, stating that the accused persons, through internet, issued an advertisement in the name of Taxila Business School' situated at Mansarover, Jaipur, Rajasthan, offering various courses, including the course of PGDM, showing its infrastructures as well as the amenities for its student of a very high standard, which looked very impressive.