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2012 Supreme(Gau) 330

I.A.ANSARI
Manik Chandra Hazarika – Appellant
Versus
Bibhison Pegu – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. N. Dutta, Sen. Adv. and Mr. M. Das
For Respondents/Defendant: Mr. D. Das

JUDGMENT

I.A. Ansari, J.

1. With the help of this application, made under Section 482, Cr PC, the petitioner, who is one of the accused in GR Case No. 50/2005, corresponding to CR Case No. 321 /2008, has put to challenge the order, dated 15.07.2009, passed by the learned Additional Chief Judicial Magistrate, North Lakhimpur, whereby the learned Magistrate has framed charge against the present petitioner and some others under Section 406 read with Section 34, IPC. I have heard Mr. N. Dutta, learned Senior counsel, for the accused-petitioner, and Mr. D. Das, learned Additional Public Prosecutor, Assam. I have also heard Mr. H. Deka, learned counsel, for the opposite party No. 1.

2. Before coming to the merit of the present application, made under Section 482, Cr.PC, the material stages, which have led to the framing of the charge by the impugned order, are set out, in brief, as under :

(i) The informant, Bibhison Pegu, lodged a First Information Report (in short, 'the FIR'), at North Lakhimpur Police Station, alleging, inter alia, that on 10.01.2005, Sashidhar Sonowal, librarian of North Lakhimpur College, collected a sum of Rs. 34,000/- to 35,000/- from the students as examination fees






















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