This application is shown to have been filed under Section 482 read with Sections 397/401 of the Code of Criminal Procedure praying for setting aside the two orders dated 15/11/2013 and 17/1/2014 passed by the learned Judicial Magistrate, 1st Class, Nagaon in CR Case No. 2185/ 2012.

2. By order dated 15/11/2013, an application filed by the petitioner on 9/9/13 was rejected observing that “accused can avail of whatever materials in the form of documents and evidence given by the complainant to prove his case and rest his defence on it.” By the said order, the learned Court observed that before defence of the accused person is heard, ‘opportunity needs to be given to the complainant to present his case’. Thereafter 06/12/2013 was fixed for explaining offence to the accused. Ultimately on 17/01/2014 offence was explained to the accused person and 17/02/2014 was fixed for examination of the prosecution witnesses. These two orders, namely, 15/11/2013 and 17/01/2014 have been challenged by a composite application.

3. Before deciding this Criminal Petition, it is necessary to narrate necessary facts of the case sans unnecessary details. The opposite party No.2 her