ROBIN PHUKAN
S. B. Industries – Appellant
Versus
Eastern Infratech – Respondent
JUDGMENT :
1. This petition, under section 482 Cr.P.C., read with section 397/401 of the Cr.P.C., is preferred by M/S -S.B. Industries, (petitioner No.1) of Borpukhuri & Md. Zakir Hussain (petitioner No.2), S/o Jumil Akhtar, Borpukhuri and Smti. Sahnaz Begum(petitioner No.3), W/o Zakir Hussain, C/o S.B. Electronics, R.N.P. Road, Ward No.14, Hojai, Assam, challenging the legality, propriety and correctness of the orders dated 03.05.2018 and 06.04.2019, passed by Shri I.A. Hazarika, Judicial Magistrate 1st class, Kamrup (M) in case No. C. R. 3366/2016 (M/s S.B. Industries & 2 Others Vs. M/s Eastern Infratech). It is to be mentioned here that vide impugned order dated 03.05.2018, the ld. Court below has not only closed cross-examination of the P.W.1, but also issued NBWA against the petitioners No. 2 and 3, and vide impugned order dated 06.04.2019, the ld. Court below has rejected the petition filed by the petitioner u/s 311 Cr.P.C. for allowing them to cross-examine P.W.1.
2. Heard Mr. N.K. Murry, learned counsel for the petitioners and also heard Mr. J. Chopra, learned counsel for the respondent.
3. The factual background, leading to filing of the present petition is adumbrated herein
A.R. Antuley vs. R.S. Nayak : (1988) 2 SCC 602
Jayendra Vishnu Thakur v. State of Maharashtra (2009) 7 SCC 104
Mannan Sheikh Vs. State of West Bengal (2014) 13 SCC 59
Mohanlal Shyamji Soni Vs. Union of India
Rajasthan SRTC Vs. Zakir Hussain: (2005) 7 SCC 447
State of Haryana Vs. State of Punjab: (2004)12 SCC 673
Zahira Habibullah Sheikh (5) v. State of Gujarat : (2006) 3 SCC 374
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