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2021 Supreme(Gau) 157

MIR ALFAZ ALI
Subrata Choudhury @ Santosh Choudhury – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
J. Rahman, Advocate

JUDGMENT

Mir Alfaz Ali, J. - Learned Sr. Counsel, Mr. HRA Choudhury, assisted by Mr. M. Khan, learned advocate for the petitioners and learned Sr. Counsel, Mr. A.M. Bora assisted by Mr. V. Choudhury, learned advocate for the respondent have been heard.

2. The question raised in this revision petition is whether after acceptance of final report upon hearing the informant/complainant, a fresh complaint on the same set of fact is maintainable.

3. The facts leading to the present revision petition, are as under:

4. The respondent No. 2, as complainant lodged a complaint before the Chief Judicial Magistrate, Cachar, Silchar on 12.11.2010, which was forwarded to police by the learned Magistrate under Section 156 (3) of the CrPC for investigation. After investigation, police submitted a final report stating that the allegation was not proved, whereupon, learned Magistrate issued notice to the complainant/informant. Pursuant to the notice regarding submission of final report, the respondent/complainant filed an objection against the final report, alleging that the investigation was not conducted properly and prayed for taking cognizance. However, learned Magistrate after hearing the complainan

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