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SUSMITA PHUKAN KHAUND
Arup Rajbangshi – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. M. Sarania, learned counsel for the petitioners. Also heard Mr. P.S. Lahkar, learned Addl. PP appearing for respondent No. 1 and Mr. A. Roshid, learned counsel appearing for respondent No. 2.
2. The petitioners namely, [1] Arup Rajbangshi [2] Sambhu Rajbangshi [3] Rajen Rajbangshi and [4] Suren Deka have filed this application u/s 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) with prayer for quashing the criminal proceeding being C.R. No. 366/2016 registered u/s 376/493/420/506 of the Indian Penal Code (IPC for short).
3. It is contended that the victim arrayed as respondent No. 2 filed a complaint before the Chief Judicial Magistrate at Goalpara on 21.04.2016 alleging inter alia that while she was working as a Nurse in Life Care Hospital, Goalpara, the petitioner No. 1 came to the hospital looking for the ENT doctor. As the doctor was not available, the petitioner No. 1 noted down the phone number of the victim ‘X’ and then both the petitioner No. 1 and the victim got closely acquainted. This first meeting of the petitioner No. 1 with the victim ‘X’ was six months prior to the filing of the complaint. The petitioner No. 1 who posed himself as a
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