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2005 Supreme(Gau) 553

ANIMA HAZARIKA
Ashutosh Choudhury – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N. Choudhury, S.C. Kayal and B.W. Phira, Advs.
For Respondents/Defendant: B.S. Sinha, P.P.

JUDGMENT

A. Hazarika, J.

1. By way of filing this revision petition under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, the Petitioners have prayed for quashing the order dated 5.7.99 and the charges dated 5.7.99.

2. Three accused have questioned the legality of the order dated 5.7.99 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 37/98 corresponding to Karimganj P.S. Case No. 363/96 (G.R. Case No. 824/96) framing charges under Sections 341/34, 326/34 and 307/34against two of the accused being accused No. 2 and 3 and under Section 109/341, 109/326 and109/307 I.P.C. against the Petitioner.

3. Charges have been framed by the learned Sessions Judge, Karimganj, holding that there are prima facie materials to warrant grounds for presuming that the accused persons have committed the offences under Sections as mentioned hereinabove. The learned Sessions Judge has come to the said conclusions while framing the charges, on the following materials on record viz:

i) The first information report.

ii) The police report dated 21.2.97 wherein name of 10 (Ten) witnesses were shown to have proved the case on behalf of prosecution along with seizure lis






























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