YEAHYEA Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI (AT: AGARTALA)
STATE OF ASSAM
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MANASH RANJAN PATHAK,J. -
(1.) Heard Mr. A Ahmed, learned counsel for the petitioners and Mr. R J Baruah, learned Addl. Public Prosecutor, Assam for the opposite party No. 1. Also heard Mr. J P Kachari,
learned counsel for the opposite party No. 2/ complainant.
(2.) By this criminal petition, the petitioners have prayed for quashing the proceeding of Nilambazar Police Station Case No. 50/2016, corresponding to G R Case No. 549/2016, registered under Section
498(A) IPC, pending before learned Judicial Magistrate, First Class, Karimganj, Assam that was initiated against them, on the basis of a complaint filed by the Opposite Party No. 2 on 15.03.2016
before the learned Chief Judicial Magistrate being CR case No. 207/16.
(3.) Learned Chief Judicial Magistrate, Karimganj on 15.03.2016 itself transferred the said Complaint i.e. CR Case No. 207/16 of the said complainant to the learned Judicial Magistrate, First Class,
Karimganj for its disposal. As per the prayer made by the complainant in her said Complaint CR
case No. 207/16 to refer the matter to the Nilambazar Police Station to initiate a case against the
accused persons in the same, i.e., the petitioners herein and to do the needful; learned JMFC,
Karimganj forwarded the said complaint of the opp. Party No. 2 to the Officer-in-Charge of
Nilambazar Police Station and accordingly, the said complaint of opp. Party No. 2 was considered as
an FIR and Nilambazar P.S. Case No. 50/2016 under Section 498(A) was registered against the
petitioners on 22.03.2016.
It is submitted that the charge-sheet in said Nilambazar P.S. Case was filed on 26.07.2016 against
the present petitioners under Section 498(A) IPC.;
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