This is an application under Section 561-A read with Section 439 of the Criminal Procedure Code, hereinafter to be referred as "the Code," for quashing a complaint case being Case No. 1384-C of 1971 pending in the Court of Shri S.N. Rahman, Magistrate, Ist Class (Judicial) at Gauhati.

2. Mr. J.P. Bhattacharjee, the learned counsel appearing on behalf of the petitioner submitted that in the instant case there is no question of appreciating the evidence but it is a case in which by merely looking at the complaint this Court is to decide whether the offence alleged is disclosed or not. The learned counsel submitted that the essential ingredients of the offence are absent in the present case and as such this is a fit case in which this Court should exercise its inherent power under Section 561-A to prevent the abuse of the process of the Court or to secure the ends of justice.

3. The learned Counsel Mr. Bhairab Chandra Sarma appearing on behalf of the Opp. party has argued the case at length. He has contended that this is not a fit case in which the proceedings should be quashed as there are enough materials to establish at least a prima facie case. He submits that at any rate t