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2021 Supreme(Gau) 156

MIR ALFAZ ALI
Urmimala Baruah – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
S. Sarma, Advocate, N. Dutta, Advocate

JUDGMENT

Mir Alfaz Ali, J. - Learned counsel for the petitioners, Mr. S. Sharma and learned senior counsel for the respondents Mr. N. Dutta were heard.

2. By this application u/s 482 CrPC, the petitioners have prayed for setting aside the order dated 17-11-2018, whereby, the learned Judicial Magistrate took cognizance of offence u/s 120(B)/420/506/34 IPC against the petitioners and also for quashing the criminal proceeding in CR Case No. 145/2018.

3. The complainant/respondent No. 2 lodged a complaint against the petitioners alleging commission of offence u/s 120(B)/420/506/34 IPC. On receipt of the complaint, learned Judicial Magistrate took cognizance and having examined two witnesses u/s 200 CrPC issued process against the petitioners.

4. Aggrieved by the action of the Magistrate in taking cognizance and issuing process on the basis of the complaint lodged by the respondent, the petitioners have approached this Court for invoking the inherent power u/s 482 CrPC to quash the complaint and the criminal proceeding.

5. Mr. S. Sharma, learned counsel for the petitioners would submit that the averment made in the complaint did not make out any ingredient of criminal offence and disclosed o

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