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2021 Supreme(Gau) 97

HITESH KUMAR SARMA
Biren Ch Deka – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
A.M. Bora, Advocate, S. Borthakur, Advocate, R.J. Baruah, Advocate, P. Mahanta, Advocate

JUDGMENT

Hitesh Kumar Sarma, J. - Heard Mr. AM Bora, learned senior counsel assisted by Mr. S Borthakur, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State respondent No. 1 as well as Mr. P Mahanta, learned counsel for the respondent No. 2.

2. This petition, under Section 482 of the Cr.PC is filed seeking quashment of the order, dated 20.06.2017, passed by the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati in GR Case No. 413/2016, arising out of CID P.S. Case No. 03/2016, by which order, cognizance of offences was taken against the petitioner, under Sections 98(a)/98(b) of the Assam Police Act, 2007.

3. I have perused the petition as well as the impugned order.

4. Mr. Bora, learned senior counsel for the petitioner has submitted, referring to the provisions of Section 468 of the Cr.PC, that in the instant case, cognizance was taken after the period of limitation for taking cognizance was over. He has further referred to the provisions of Section 469 of the Cr.PC to apprise the Court as to the date of commencement of the period of limitation. He has submitted that in the instant case, the State Police

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