BHAWANI SANKAR BEGARIA Vs. RATUL DUTTA

JUDGEMENT

(1.) This petition under S.482, Cr.P.C. arises from an order dt. 28-2-77 of the Judicial Magistrate at Dibrugarh passed in Case No. 1958C of 1974 framing charges under Ss.403 and 409, I.P.C.

(2.) Facts, - On a complaint made by PW 1 Ranjan Chose against the present petitioners Bhawani Sankar Bagaria and Nanda Kishore Bagaria, the learned Magistrate issued process for the offences under. Ss.120B, 406 and 420, I.P.C. Thereafter, the learned Magistrate, as provided under S.244, Cr. P.C., proceeded to hear the prosecution and took all evidence produced in support of the prosecution, i.e., the prosecution examined three witnesses. Thereafter, on consideration of the evidence the Magistrate framed charges against the petitioners under Ss.403 and 409, I.P.C. Hence this petition for quashing the order of framing charges.

(3.) Mr. J.P. Bhattacharjee, the learned counsel for the petitioners, has submitted that the learned Magistrate ought to have discharged the accused persons under S.245, Cr. P.C., and that the dispute is of a civil nature. Mr. D.N. Barua, the learned counsel for the opposite party, has submitted that the complaint and evidence as they are on record show that there is reasonable ground for presuming that the petitioners have committed the offences charged against them.