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2015 Supreme(Gau) 353

C.R.SARMA
Amitava Sinha – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Petitioner:Mr. D.K. Mishra, Senior Advocate, Mr. J. Roy, Mr. S. Borthakur, Ms. S. Kakoti, Mr. R. Hazarika, Mr. C. Chakraborty, Advocates.
For the Respondent:Mr. K. Munir, Additional Public Prosecutor, Assam, Mr. A.K. Bhuyan, Mr. I. Krishnatraiya, Ms. P. Pathak, Mr. M. Borah, Mr. B. Bora, Advocates.

ORDER

1. By this application, filed under Section 482 read with Section 397 of the Code of Criminal Procedure (for short, Cr. P.C.) and Article 227 of the Constitution of India, the petitioner, who is a Police officer in the rank of Additional Superintendent of Police (Crime), City Guwahati and an accused person in CR Case No. 3451/2013, under Section 325/331 of the Indian Penal Code (for short, IPC), pending before the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati, has prayed for quashing the said proceeding, on the grounds, amongst others, that the allegations, brought against the petitioner are false, concocted and that the proceeding is bad for want of sanction, as required by Section 197 Cr. P.C.

2. I have heard Mr. D.K. Mishra, learned Sr. Counsel, assisted by Mr. J. Roy, learned Counsel, appearing for the petitioner, Mr. K. Munir, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A.K. Bhuyan, learned Counsel, appearing on behalf of the respondent No. 2 (complainant). Written arguments have been submitted on behalf of both the pa

































































































































































































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