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2020 Supreme(Gau) 343

MANISH CHOUDHURY
Anima Borah – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Chakravorty
For the Respondent: Pp, Assam

JUDGMENT :

This criminal petition under Section 482, Code of Criminal Procedure, 1973 (‘the Code’ and/or ‘the CrPC’, for short) read with Article 227 of the Constitution of India, is filed seeking quashing of the charge sheet being Charge Sheet no. 443/2017 dated 05.08.2017 submitted in connection with G.R. Case no. 1275/2016, arising out of Dibrugarh Police Station Case no. 378/2016, and the order taking cognizance dated 15.09.2017 passed by the learned Judicial Magistrate, 1st Class, Dibrugarh (‘the trial court’, for short) in so far as the present petitioners are concerned.

2. A brief narration of the facts which have led the present petitioners to file the instant petition before this Court can be exposited as under :

2.1. The respondent no. 2 as the informant, had lodged a First Information Report (FIR) on 19.03.2016 before the Superintendent of Police, Majuli stating, inter alia, that he married one Ms. Nirmali Borah, a resident of Santipur, Sivasagar in December, 2014. After the marriage, they started residing in a rented house at Dibrugarh. After few days of the marriage, he came to know that Ms. Nirmali Borah was already legally married to one Sri Jibul Gogoi of Dibrugarh and

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