ANAR HUSSEN @ MD ANOWAR HUSSAIN AND 4 ORS Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-4-50
HIGH COURT OF GAUHATI
Decided on April 26,2018

Anar Hussen @ Md Anowar Hussain And 4 Ors Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. A. Mannaf, learned counsel for the petitioners and Mr. T. Mishra, learned Additional Public Prosecutor, Assam for the State respondent No. 1.
(2.) None appears on behalf of the respondent No. 2 on call at the time of hearing.
(3.) By filing this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of the impugned order, dated 16.02.2017, passed by the learned Chief Judicial magistrate, Kamrup, Amingaon in C.R. Case No. 26/2017 and the consequential First Information Report (FIR) of Boko P.S. Case No. 90/2017 under Section 366/376/34 IPC, whereby the learned Chief Judicial magistrate, Kamrup, Amingaon in the aforesaid case has directed the O/C, Boko P.S. to register a case on the complaint so filed by the respondent No. 2, Smt. Hasina Begum, under Section 156 (3) Cr.P.C., contending that the aforesaid order is bad in law and wholly illegal. It has been submitted by the learned counsel for the petitioner that the said respondent cannot sought to file a complaint before the learned Court below under Section 156 (3) Cr.P.C. without availing the remedy as provided under Section 154 Cr.P.C.;


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