The petitioners have approached this Court for quashing a criminal proceeding (Criminal Case No. 389 of 1992) registered under sections 403/406/ 34 IPC pending before the Chief Judicial Magistrate, Guwahati.

2. The opposite party No. 1 and 2 have filed the above criminal Complaint Case No.389 of 1992 in the Court of Chief Judicial Magistrate against the petitioner and 3 others contending inter alia that the opposite party No. l was appointed by the Government of Assam as centralised handling agent for handling, carriage and sale of State quota of levy cement (public sale category). In pursuance of the said appointment, the opposite party No. 1 was handling levy cement till the 1st of March, 1989 when the Government of India decontrolled cement.

3. The Assistant Regional Development Commissioner for Cement Industries, Guwahati used to issue allotment of quota of cement for the State Government on periodic basis on various cement factories for lifting by the petitioner No. 1 on behalf of the Government of Assam. On the basis of such allotment made by the Assistant Regional Development Commissioner for Cement Industries, Guwahati, the opposite party No. 1 used to remit money towards adv

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