BINOY KRISHNA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal petition has been filed under Section 482 of the Cr.PC, seeking quashment of the complaint in CR Case No. 429C /2010, pending in the court of the learned Judicial Magistrate First Class, Cachar, Silchar.

(2.) I have heard Mr. BM Choudhury, learned counsel for the accused-petitioner as well as Mr. BB Gogoi, leaned Additional Public Prosecutor, appearing for the State respondent No. 1.

(3.) The fact leading to the complaint is that the petitioner was holding the post of Chairman of Silchar Municipal Board who belonged to the Scheduled Caste community. There is a newspaper report publishing the statement of the petitioner that since he has become the Chairman from the Scheduled Caste community, some people has not been able to tolerate the same. The respondent Nos. 2 and 3 filed the complaint against the petitioner stating that he has spread hatred by giving such statement and therefore, he has committed an offence under Section 153(A)(1)(a) of the IPC.