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2023 Supreme(Gau) 495

MITALI THAKURIA
Natwarlal Agarwal, S/o Late Ram Nivas Agarwal – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J. Roy, Sr. Adv., Assisted by Mr. A. Gautam, Adv.
For the Respondents: Mr. A. K. Bhuyan, Mr. P. Bhagat, Adv.

JUDGMENT :

Heard Mr. J. Roy, learned Senior Advocate assisted by the Mr. A. Gautam, learned counsel appearing for the petitioner. Also heard Mr. A. K. Bhuyan, learned counsel appearing for the respondent Nos. 2 & 3; and Mr. P. Bhagat, learned counsel appearing for the respondent Nos. 4 to 7.

2. This is an application under Section 482 of the code of Criminal Procedure, 1973 for setting aside and quashing the complaint Case being C.R. Case No. 3048/2019 under Sections 499/500/501/502/34 of the Indian Penal Code and the order dated 11.02.2020 taking cognizance against the petitioners.

3. The brief facts leading to this present petition is that on receiving summons from the Court of learned Judicial Magistrate First Class, Kamrup Metro, the petitioner came to know that the respondent Nos. 2 & 3 have lodged the complaint before the learned Chief Judicial Magistrate, Kamrup Metro arraying the petitioners as accused Nos. 5 & 6 with the allegation that a news article published on 28.06.2019 in the respondent No. 4’s newspaper under the headline as “Advocate made an attack over Father-Son: Case Registered” the incident also described in the said published news. The publication or the news ite


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