SURJEET SINGH PANESAR Vs. RENU PROBHA BRAHMA

JUDGEMENT

(1.) By this application u/s.482 CrPC, the petitioner has sought for quashing of the order of taking cognizance dated 21.11.2016 and order dated 29.04.2017, by the learned Judicial Magistrate 1st Class, Kokrajhar, in C.R. Case No.456/2013, u/s.354 IPC as well as the entire proceeding.

(2.) Necessary brief of the case is that respondent Renu Prabha Brahma filed a complaint before the CJM, Kokrajhar, alleging inter alia that the present petitioner entered into her house in the night of 17.11.2012 and arrested her husband Mono Kumar Brahma on false allegation of keeping arms and ammunition in their house and also torn the clothes of the complainant and thereby outraging her modesty. The said complaint was forwarded to the O.C., Kokrajhar P.S. and accordingly the Kokrajhar P.S. Case No.2548/2012, u/s.354/506 of the IPC was registered. After the investigation, final report was submitted before the Court with a prayer to lodge a complaint against the complainant u/s.211 of the IPC, for filing false case.

(3.) As and when notice was served upon the complainant/ respondent herein about the filing of final report, the respondent filed an objection against such final report. Thereafter the court registered the said petition as C.R. Case No.456/2013 and after examining the respondent and other witnesses, took cognizance of the offence, u/s.354 IPC by the impugned order dated 21.11.2016.