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2020 Supreme(Gau) 314

AJAI LAMBA
Sazzadur Rahman S/o Samedur Rahman – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Z Kamar

JUDGMENT :

1. The Court proceedings have been conducted through Video-Conferencing in view of the present scenario so as to maintain social distancing.

2. I have heard Mr. Z. Kamar, learned Senior counsel appearing for the petitioner, and Mr. N. J. Dutta, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

3. Sazzadur Rahan has filed this petition under Section 482 of the Code of Criminal Procedure, 1973, read with Sections 401/397 of the Code for quashing of order dated 11.04.2019, passed by the Chief Judicial Magistrate, Kamrup (M), Guwahati, whereby the application filed on behalf of the petitioner/accused under Section 311 of the Cr.P.C. for recalling PW1, PW2 and PW3 for further cross-examination in G.R. Case No. 11132/2013 has been rejected.

4. Before I proceed further, it needs to be noticed that the crime was reported on 12.07.2013 vide CID P.S. Case No. 65/2013 under Sections 66A/67A of the Information and Technology Act, 2000 (for short, “Act of 2000”).

Reference to the FIR, placed on record as Annexure-I, indicates that the FIR was registered against the accused at the instance of the father of the victim. The victim happens to be 15 years of age,

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