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2023 Supreme(Gau) 862

ARUN DEV CHOUDHURY
Niloy Paul, S/o. Late Sachindra Kumar Paul – Appellant
Versus
Putulia Devi Sarma, W/o. Lt. Sushil Sharma – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Bhattacharya.
For the Respondent: Mr. R. Karim, Mr. P.K. Deka.

JUDGMENT :

1. Heard Mr. A Bhattacharya, the learned counsel for the petitioner and Mr. PK Deka, learned counsel appearing for the respondent.

2. The present petition is filed under Section 482 Cr.P.C. read with Section 401 Cr.P.C. for quashing of the order dated 17.02.2022 whereby the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati had taken cognizance of offences under Section 406/420 IPC against the petitioner on the basis of a complaint filed by the sole respondent, after considering the documents exhibited and recording statements of the sole respondent and one witness under Section 200 Cr.P.C.

3. The learned counsel for the petitioner submits that reading as a whole the complaint petition as well as the initial deposition of the sole respondent recorded under Section 200 Cr.P.C. makes out no case against the present petitioner to proceed or to take cognizance by the learned Magistrate and therefore this is a fit case to interfere by this court in exercise of its power under Section 482 Cr.P.C.

4. It is the further contention of the learned counsel for the petitioner that the dispute is totally civil in nature inasmuch as reading of the complaint will go to show th

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