JUDGMENT :

AJIT BORTHAKUR, J.

1. Heard Mr. D. Talukdar, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1 and Mr. R. Ali, learned counsel for the respondent No. 2.

2. By this petition under Section 482 Cr.P.C. the petitioner has prayed for quashing of the proceeding of C.R. Case No. 633/2018, pending in the Court of learned Judicial Magistrate, Sankardev Nagar, Hojai (arising out of Murajhar P.S. Case No. 236/2016).

3. The petitioner’s case, in brief, is that the respondent No. 2 had lodged an FIR before the Officer-in-Charge of Murajhar P.S. on 21.12.2016, alleging that on 19.12.2016 at about 12.15 a.m. his gumti shop was seen burning. Witnessing the incident, he stepped out of house and saw the petitioner running away from near his said burning gumti shop. It was further stated that the petitioner set the shop on fire. In the aforesaid incident, the respondent No. 2 alleged that the shop along with all the articles were burnt into ashes. Due to his illness, delay occurred in lodging the FIR.

4. Based on the above FIR, Murajhar P.S. Case No. 236/2016, dated 21.12.2016, was registered and af