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1970 Supreme(SC) 136

A. N. RAY, I. D. DUA
State Of Assam – Appellant
Versus
Abdul Noor – Respondent


Judgment

RAY, J.:- This is an appeal by certificate under Article 134 (1) (c) of the Constitution against the judgment dated 22 December, 1966 of the High Court of Assam and Nagaland quashing proceedings in G. R. case No. 683 of 1964 and G. R. case No. 701 of 1964.

2. The respondents made an application to the High Court for quashing G. R. case No. 701 of 1964 pending in the Court of Additional District Magistrate, Silchar and G. R. case No. 683 of 1964 pending in the Court of the Magistrate, Tezpur.

3. G. R. case No. 701 of 1964 related to a complaint alleging that the respondent Jamurddin Ahmed, the collusion with a doctor and a nurse caused forcible abortion on a minor girl.

4. The other case G. R. No. 683 of 1964 related to a complaint filed by one Sabitri Das alleging that her minor daughter was employed as a maid-servant in the house of the respondent Jamurddin Ahmed and was forcibly given in marriage to a Muslim.

5. The High Court quashed both the proceedings on the ground that the Magistrate sent the complaint petitions to the officer-in-charge of the police station for investigation without examining the complainant.

6. In the application for leave to appeal to this Court the St











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