I.A. Ansari, J.

1. By making this application, under Section 482 read with Sections 397 and 401 of the Code of Criminal Procedure, the petitioner herein, who is an accused in CR Case No. 6241C/2005, has sought for setting aside the order, dated 1.10.2005, passed therein, by the learned Judicial Magistrate, Kamrup, taking cognizance of offences under Sections 447, 427, 341, 379 and 506 IPC read with Section 34 IPC against the present petitioner and some others and also directing issuance of summons to them.

2. I have heard Mr. S Ali, learned Counsel for the petitioner, and Mr. A Sattar, learned Counsel appearing on behalf of the complainant-opposite party.

3. The law with regard to quashing of criminal complaint is no longer res integra. A catena of judicial decisions have settled the position of law on this aspect of the matter. I may refer to the case of R.P. Kapur v. State of Punjab 1960 CriLJ 1239, wherein the question, which arose for consideration was whether a first information report can be quashed under Section 561A of the Code of Criminal Procedure, 1898. The Court held, on the facts before it, that no case for quashing of the proceeding was made out; but Gajendragadk