JUDGMENT :

Heard Mr. K.N. Choudhury, learned Senior Counsel, being assisted by Mr. J. Patowary, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam appearing for the State/respondent No.1 and Mr. J.I. Borbhuiya, learned counsel for the respondent No.2.

2. In this petition, under Section 482 of the Cr.P.C., petitioner Sri Diganta Barah has put to challenge the correctness or otherwise of the order, dated 28.04.2016, passed by the learned Chief Judicial Magistrate, Dhubri in C.R. Case No.263/2016. It is to be noted here that vide impugned order dated 28.04.2016, the learned Chief Judicial Magistrate, Dhubri took cognizance of the offences under sections 120(B)/166/294/352/354/357/509/34 of the IPC, against the present petitioner along with three other accused persons and issued process to him to appear before the Court and to stand trial.

3. The background facts, leading to filing of the present petition, are adumbrated as under:-

“Smti Barasha Borah Bordoloi, the respondent No.2 here-in, filed a Complaint Case against the present petitioners, namely, Smti. Minu Roy and Smti. Halima Khatun, along with three others alleging inter-alia amongst others