RAKIB AHMED Vs. RAFIQUL AWAL

JUDGEMENT

(1.) Heard Mr. S. Chamaria, learned counsel for the petitioner as well as Mr. J. Ahmed, learned counsel appearing on and behalf of the respondent/complainant.

(2.) Challenging the order dated 27.06.2018 passed by the learned SDJM, North Salmara, Abhayapuri of taking cognizance under Section 409 IPC in C.R. Case No.585/2011, this revision under Section 397/401 of Code of the Criminal Procedure has been filed by the petitioner.

(3.) Learned counsel for the petitioner narrated the factual scenario behind the matter and has also drawn attention of this Court to the documents that have been annexed herein in support of his contention that the learned trial court while passing the order dated 27.06.2018 did not apply his judicial mind as well as in framing charge under Section 409 IPC against the petitioner while admittedly the present petitioner (accused in the aforesaid case) is a public servant working in the capacity as an Assistant Executive Engineer in Agriculture Department, Government of Assam.