Heard Mr. BK Goswami, learned counsel appearing for the petitioner complainant. Also heard Mr. DS Bhattacharyya, learned counsel appearing for the opposite parties/accused, namely, Pradip Kumar Talukdar, Sub Inspector of Police and Jantu Nath, a constable.

2. Also perused the previous order dated 6.11.95 which reveals that both side's learned counsel have shown their deserve as to get this matter finally heard and disposed of at this stage.

3. Mr. Goswami, learned counsel submits that it was improper on the part of the learned Judicial Magistrate, Mangaldai, Darrang vide his order dated 29.7.95 marked as Annexure VII in connection with a complaint case so lodged by the petitioner bearing CR Case No.1055 of 1995 under section 323/201IPC finding prima facie material against the accused opposite parties committing offence coming under the purview of section 323/201 read with section 34 IPC and then instead issuing processes for facing the trial under section 204 CrPC, giving a direction as coming from the impugned order of the learned Judicial Magistrate directing the complaint as to procure sanction in this regard withholding the issue of process.

4. Complaint's case in short is that wh

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