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2022 Supreme(Gau) 714

ROBIN PHUKAN
BARUN GOGOI S/O SHRI PHULESWAR GOGOI @ PUBESWAR GOGOI – Appellant
Versus
GUNIN BURAGOHAIN S/O SHRI NANDI BURAGOHAIN – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.P. BHOWMIK.
For the Respondent: A.K. GUPTA.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. D. Kalita, learned counsel for the petitioner and also heard Mr. A.K. Gupta, learned counsel for the respondent No. 1 and Mr. K.K. Parasar, learned Addl. P.P. for the respondent No. 2.

2. This petition, under Sections 482 of the Code of Criminal Procedure, is directed against the order dated 12.06.2017, passed by the learned Judicial Magistrate, 1st Class, Tinsukia, in Complaint Case No. 39/2016, and also against the Judgment and order dated 01.12.2017, passed by the learned Sessions Judge, Tinsukia, in Criminal Revision Petition No. 40(2)/2017. It is to be mentioned here that the learned Judicial Magistrate 1st Class, Tinsukia, vide impugned order, dated 12.06.2017, has allowed the petition No. 3036/2016 filed under section 294 of the Code of Criminal procedure, and directed the petitioners to admit or deny genuineness of certain documents, in C.R. Case No. 39/2016, and vide impugned judgment and order in Criminal Revision Petition No. 40(2)/2017 the learned Sessions Judge, Tinsukia has upheld the said order of the learned Judicial Magistrate, 1st Class, Tinsukia.

3. The factual background, leading to filing of the present petition, is briefly

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