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ROBIN PHUKAN
Suresh Garodia S/o Late Gangadhar Garodia – Appellant
Versus
State of Assamq – Respondent
JUDGMENT :
1. Heard Mr. A. K. Bhattacharyya, learned Senior Counsel assisted by Mr. P. Kataki, learned counsel for the petitioner as well as Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. T. H. Hazarika, learned counsel representing the respondent No.2.
2. This application, under Section 482 of the Code of Criminal Procedure, 1973, is preferred by the petitioner, namely Sri Suresh Garodia, for quashing of proceedings of GR Case No.13706/16, under Section 376/506 of the Indian Penal Code, corresponding to Bharalumukh Police Station Case No. 580/16, and also for quashing the order dated 04.07.2017, passed by the learned Judicial Magistrate First Class, Guwahati, in GR Case No. 13706/16, for taking cognizance under Section 376/506 of the IPC. It is to be noted here that vide impugned order, dated 04.07.2017, the learned Court below has taken cognizance against the petitioner by rejecting the Final Report submitted by the Investigating Officer.
3. The factual background, leading to filing of this criminal petition, is briefly stated as under:-
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