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2018 Supreme(Gau) 461

AJIT BORTHAKUR
Dibakar Das – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. Z. Alam

JUDGMENT & ORDER :

1. This a petition under section 482 read with Section 397/401 Cr.P.C., whereby the petitioner/accused has prayed for quashing of an order, dated 09.04.2015, passed by the learned Judicial Magistrate, 1st Class, kamrup (M) at Guwahati in G. R. Case No. 10905/2011 rejecting the prayer for recalling the informant/respondent No. 2 for further cross-examination.

2. The petitioners case, in a nutshell, is that the respondent No. 2 filed an F.I.R., on 13.11.2011, before the Officer-In-Charge, Fatasil Ambari P.S. alleging that on that day at about 12 noon, while their three labourers were digging a canal on the side of their compound wall, the petitioner rebuked them and asked them to stop work. Witnessing the incident, the respondent No. 2 intervened, but in turn, the petitioner rebuked her uttering slang words and gave her a push. Based on the aforesaid F.I.R., Fatasil Ambari P.S. Case No. 440/2011 u/s 294/354/506 IPC, dated 13.11.2011, was registered and after completion of investigation laid a charge-sheet under the aforesaid Sections of IPC. The learned Magistrate framed charges accordingly and trial commenced. During trial, the respondent No. 2/informant, in her evi


















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