HAREN MAHANTA Vs. STATE OF ASSAM AND ANR REP BY PUBLIC PROSECUTOR
HIGH COURT OF GAUHATI
State Of Assam And Anr Rep By Public Prosecutor
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Hitesh Kumar Sarma, J. -
(1.) Heard Mr. AC Sarma, learned counsel for the petitioner and Mr. BJ Dutta, learned Addl. PP for respondent No.1/State. The respondent No.2 is represented by Mr. S. Deka, learned counsel.
(2.) The present petition is filed seeking quashment of the order dated 18.03.2017 passed by the learned Judicial Magistrate, 1st Class, Nagaon in CR Case No.763/2015 ordering issuance of summon against the present petitioner under Section 498(A) IPC.
(3.) Learned counsel for the petitioner has submitted that the respondent No.2 earlier also filed a case before Jajori Police, which was registered as Jojori PS Case No.98/2013 under Section 498(A)/346 IPC. In the aforesaid case, investigation was not properly carried out by the investigating Police Officer. These facts are revealed from the complaint petition on the basis of which cognizance by the aforesaid order was taken by the learned trial court. The complaint petition itself indicates that there was another case filed by the present respondent No.2 against the present petitioner, inter alia, under Section 498 (A) IPC. A copy of the complaint petition is annexed as Annexure-9, at pages-70 to 72 herein. The learned counsel for the petitioner has drawn attention of this Court to Annexure-3, at pages 22 to 24, to show that in the aforesaid Jajori PS Case No.98/2013, Final Report has been submitted after investigation of the case, with a further prayer by the investigating Police Officer to initiate a proceeding against the present respondent No.2 under Section 211 of the CrPC. Vide Annexure-5, at page- 31 of the petition, the aforesaid Final Report was accepted by the learned trial court.;
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