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2022 Supreme(Gau) 235

ROBIN PHUKAN
Pallab Das S/o Late B. B. Das – Appellant
Versus
Ajay Ghosh S/O Nani Gopal Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P K Roychoudhury
For the Respondent: Mr. K K Mahanta

JUDGMENT :

1. This petition under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973, has been preferred by the petitioners, namely, Shri Pallab Das & Shri Biplab Das, for quashing and setting aside the impugned order dated 24.01.2018, passed by the learned Judicial Magistrate First Class, Sankardev Nagar, Hojai, and further proceedings of the C.R. Case No. 157/2016, pending before the Court of learned Judicial Magistrate First Class, Sankardev Nagar, Hojai. It is to be mentioned here that vide the impugned order, dated 24.01.2018, the learned Court below had taken cognizance of the offence under Sections 120(B)/500/211 of the Indian Penal Code and issued summons against the petitioners.

2. The factual background leading to filing of the present petition is adumbrated herein below:

    “On 11.06.2012, one Smti Anjana Roy lodged an FIR alleging inter alia amongst others that the respondent No. 1, taking advantage of the misunderstanding between her and her husband, which lead to the atmosphere of separation between them, used to maintain love affairs with her, under the false promise of marrying her and maintained illicit relationship with her and even misappropriate

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