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2011 Supreme(Gau) 466

B.D.AGARWAL
Heera Baruah Wife of Sri Indrajit Barua – Appellant
Versus
Piush Agarwal – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: J. Roy, R. Borpurjari, S. Sarma, R. Hazarika, Advs. in Criminal Petition No. 79 of 2011, P. Kataki, S. Khataniar and D. Chakbrobuthy, Advs. in Criminal Petition No. 154 of 2011
For Respondents/Defendant: U. Bhuyan, Learned Sr. Counsel assisted by B. Chakraborthy, Adv.

JUDGMENT

B.D. Agarwal, J.

1. Both the Criminal Petitions, having arisen out of the same criminal proceeding are being disposed of by this common judgment.

2. The criminal petitions have been filed by two set of accused persons under Section 482 read with Section 397/401 of the Code of Criminal Procedure, 1973, seeking quashing of Complaint Case No. 3580 of 2010 under Sections 420/506 read with Section 34 of the Indian Penal Code, now pending in the court of learned Sub-Divisional Judicial Magistrate No. 1 (Sadar), Kamrup, Guwahati.

3. The Criminal Petition No. 79 of 2011 has been filed by one accused, whereas Criminal Petition No. 154 of 2011 has been filed by ten accused persons, out of twelve accused persons. In this way, one of the accused persons, namely, Sanjiv Lal Baruah is not a party in these proceedings.

4. Heard Mr. J. Roy and Mr. P. Kataky, learned Counsels for the petitioners in their respective cases. The complainant/respondent was represented by Mr. U. Bhuyan, learned senior counsel.

5. I have also gone through the complaint petition, initial statements of the witnesses and all other documents filed by the petitioners in the criminal petitions.

6. Since the maintainability o





















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