BABUL ANSARI AND ANR Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-4-47
HIGH COURT OF GAUHATI
Decided on April 25,2018

Babul Ansari And Anr Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Heard Mr. J. Roy, learned counsel for the petitioner and Mr. B. Gogoi, learned Addl. P.P., Assam as well as Mr. M. Rahman, learned counsel for the respondent No. 2.
(2.) This petition under Section 482 CrPC has been filed praying for quashing of the order dated 31.07.2017 passed by the learned Judicial Magistrate, Golaghat sending the complaint lodged by the respondent No. 2 to police under section 156(3) CrPC as well as the FIR registered on the basis of the said complaint.
(3.) Learned counsel Mr. J. Roy, placing reliance on the two decisions of the Apex Court in Sakiri Basu Vs. State of U.P., 2008 1 SCC(Cri) 440and Priyanka Srivastava Vs. State of U.P., 2015 6 SCC 287submits that the learned Magistrate without applying his mind forwarded the complaint to police under Section 156(3) CrPC, though the complainant did not comply with the direction of the Apex Court given in the case of Sakiri Basu as well as Priaynka Srivastava case.;


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