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2021 Supreme(Gau) 588

MANISH CHOUDHURY
Subramanian Swamy – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. Subramanian Swamy, Mr. B.K. Mahajan, Mr. S. Sabharwal, Mr. R. Chakroborty.
For the Respondents: Mr. K. Goswami, Ms. M. Barman, Mr. H.R.A. Choudhury.

JUDGMENT :

MANISH CHOUDHURY, J.

1. By this writ petition, the petitioner has invoked the extra-ordinary jurisdiction under Article 226 of the Constitution of India of this Court seeking setting aside and quashing of the criminal proceeding instituted against him by a complaint case, C.R. Case No. 188/2015, initially instituted before the Court of learned Additional Chief Judicial Magistrate (Sadar), Karimganj, Assam and after being transferred from the said Court, presently pending before the Court of learned Sub-Divisional Judicial Magistrate, Karimganj, Assam. The petitioner has also sought setting aside and quashing of various orders passed in the said criminal proceeding including an order dated 18.03.2015 and an order dated 01.06.2015. By the order dated 18.03.2015, the learned Court of Additional Chief Judicial Magistrate, Karimganj upon receipt of the complaint, took cognizance of the offences under Sections 153/153A/295A/298 of the Indian Penal Code (‘IPC’ and/or ‘the Penal Code’) and issued process (summons) against the petitioner for his appearance as the sole accused person before the Court on 06.05.2015. By the subsequent order dated 01.06.2015, the learned Counsel of Add

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