MD. AZIZUL ALI Vs. STATE OF ASSAM
LAWS(GAU)-2018-3-169
HIGH COURT OF GAUHATI
Decided on March 22,2018

Md. Azizul Ali Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) By this petition under Section 401 read with sections 397 and 482 Cr.P.C., 1973 the petitioner, namely, Md. Azizul Ali, who is arrayed as an accused in Sessions Case No. 21 (DM)/2017 (corresponding to Sipajhar P.S. Case No. 774/2015), has prayed for setting aside and quashing of the order, dated 19.05.2017, whereby charges under Section 366/497 IPC have been framed against him.
(2.) Heard Mr. S. K. Mahammad, learned counsel for the petitioner and Mr. B. Gogoi, learned Addl. Public Prosecutor, appearing for the State Respondent No. 1. Perused record.
(3.) Mr. S. K. Mahammad, learned counsel for the petitioner, submits that the learned Sessions Judge, Darrang at Mangaldoi, without considering the fact of non-availability of any prima-facie material on the case diary against the accused/petitioner has framed the charges aforementioned against him. Mr. Mahammad submits that the victim woman in her statement, recorded under Section 161 Cr.P.C., 1973 did not implicate the accused/petitioner with the alleged offences, with which he has been charged.;


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