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2018 Supreme(Gau) 1055

MIR ALFAZ ALI
KALYAN KUMAR NATH – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : I. Krishnatraiya.
For the Respondent: S. Bhattacharjee.

JUDGMENT :

1. This criminal petition u/s 482 Cr.P.C. has been filed for quashing the order dated 13-12-2011 passed by learned Sub-Divisional Judicial Magistrate No. 2, Kamrup in Complaint Case No. 2135c/2002.

Factual Background :

2. The respondent No. 2, as complainant, lodged a complaint on 24-09-2002 against Ms. Aparajita Nath and Kalyan Nath alleging commission of offence u/s 420/427/494 IPC read with Section 34 IPC. The learned Judicial Magistrate, on the basis of the said complaint, registered the C.R. Case no. 2135c/2002 and took cognizance of offence u/s 420/427/494/34 IPC against the petitioners, Ms. Aparajita Nath and Kalyan Nath. During pendency of the said complaint case, father of the respondent no. 2, Sri Ramakantha Das lodged an FIR with the Chandmari Police Station on 13-11-2002, alleging that they had received threatening calls from an unknown person on 19th October, 2002, 23rd October, 2002, 28th October, 2002 & 10th November, 2002. It was further alleged in the FIR that, an unknown person was seen moving suspiciously in front of the house of the informant, who threatened to finish the family of the informant. On the basis of the said FIR, the police registered Chandm



























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