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2014 Supreme(Gau) 175

A.K.GOSWAMI
DEBABRATA PHUKAN – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates Appeared:
For the petitioner: Mr. M. Sarma, Ms. I. Gohain, Mr. R. Sarma
For the State : None appears.
For Opposite Party No. 2 : M. Choudhury

JUDGMENT AND ORDER (CAV)

By this application under Section 482 of the Code of Criminal Procedure, 1973, for short, ‘the Code’, the petitioner prays for quashing of the order dated 10.8.2012, passed by the Additional Chief Judicial Magistrate, Lakhimpur, in G.R. Case No.183/2012, framing charge against him under Section 406/420 IPC and subsequent orders passed thereon including the proceeding itself, now pending in the court of learned Additional Chief Judicial Magistrate, Lakhimpur.

2. Heard Mr. M.Sarma, learned counsel for the petitioner. Heard also Mr. M. Choudhury, learned counsel for the opposite party No. 2. None appears for the State of Assam, arrayed as opposite party No.1.

3. The opposite party No.2, as an informant, filed an ejahar before the Officer-In-Charge, Narayanpur Police Station. The Ejahar reads as follows:

“With due respect I would like to state that on 19.7.2010 the above named accused came to my house at around 10 A.M. and took an amount of Rs.11,00,000/- (Rupees Eleven Lakh) only due to his urgent financial need and entered into an agreement with a promise to return the amount after six months. Out of above, he returned Rs.4,00,000/- (Rupees Lakhs) only at my






























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