PREM DAS DAHIYA Vs. DAYASHISH CHAKMA

JUDGEMENT

(1.) Inherent jurisdiction of the Court is prayed to be exercised by the petitioner to quash the proceedings in CR No. 54/09 under Section 120 B/500 IPC wherein the he is arrayed as an accused which is pending in the Court of the learned Chief Judicial Magistrate, North Tripura, Kailashahar filed against him by the complainant respondent.

(2.) I have heard Mr. S. Dev, learned Sr. Counsel for the accused petitioner and Mr. A.K. Bhowmik, learned Sr. Counsel appearing for the complainant respondent.

(3.) The complainant instituted the aforesaid criminal case in the Court of the learned CJM, North Tripura, Kailashahar alleging commission of offence under Section 120B/500/34 IPC by the petitioner and four others. The learned trial Court upon perusal of the averments made in the complaint petition and documents filed therewith and considering the statement of the complainant recorded under Section 200 CrPC and having found prima facie case, took cognizance of the offence under Section 120 B and 500 of the IPC and issued summons to the accused petitioner including other co-accused named in the complaint petition. Upon receipt of the summon, the present petitioner has approached this Court by filing this criminal petition under Section 482 CrPC praying for quashing of the proceeding.