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2018 Supreme(Gau) 518

HITESH KUMAR SARMA
Arup Chetia – Appellant
Versus
Sunil Gogoi M/D Rongmon Nirman Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Dubey.
For the Respondent: Mr. A.C. Borbora.

JUDGMENT AND ORDER :

1. This is a criminal petition, filed under Section 482 read with Section 401 of the Cr.PC, praying for quashing and setting aside the order, dated 15.12.2016, passed by the learned Judicial Magistrate, 1st Class, Dibrugarh, in CR Case No. 46/2015, taking cognizance of offence under Sections 177/468/471 of the IPC against the accused-petitioner.

2. The fact leading to the complaint case, being CR Case No. 46/2015, is as follows:

The present petitioner is the accused No. 2 in the aforesaid complaint case and the accused No. 1, was the Circle Officer of Chabua Revenue Circle, in the district of Dibrugarh, during the year 2013. The accused No. 2, for the purpose of submitting his tender for settlement of Bogibeel-Karenbali Ferry Service, applied for land valuation certificate. On 19.6.2013, accused No. 1, Circle Officer (against whom cognizance has not been taken by the learned trial court) prepared a valuation certificate regarding the valuation of land belonging to the present accused-petitioner on the basis of the report of the concerned Lat Mondol. The Additional Deputy Commissioner (Revenue) Dibrugarh, on 24.12.2014, issued a valuation certificate in his favour


















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