JUDGMENT:

S.B. Sinha, J. – Leave granted.

1. Appellant herein is aggrieved by and dissatisfied with a judgment and order dated 21st March, 2006 passed by a learned Single Judge of the Gauhati High Court.

2. Indisputably, Appellant at all material times was a Commandant of 48 BRTF (GREF) as a member of the Armed Forces. While he was acting in the said capacity, allegations were made against him for commission of offences under Section 166 and 167 of the Indian Penal Code, 1860.

3. The period during which the said offences are said to have been committed is 5.1.1989 to 11.2.1992. A complaint petition was filed in November, 2000 purported to be on the basis of a report dated 20.12.1996 of the then Commander, 48 BRTF at Tezu on 20.12.1996.

3.1. The Judicial Magistrate, First Class, Tezu took cognizance of the said offences against the appellant by an Order dated 7.11.2000.

4. The application filed by the appellant under Section 482 of the Code of Criminal Procedure, 1973 for quashing the said proceedings has been dismissed by the Gauhati High Court by reason of the impugned judgment.

5. Mr. Nagendra Rai, the learned senior counsel appearing on behalf of the appellant would submit that th