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2023 Supreme(Gau) 871

AJIT BORTHAKUR
State Of Assam, Rep. By the Principal Secretary, Home And Political Department – Appellant
Versus
Abdul Khaleque, S/o. Lt. Sohrab Ali – Respondent


Advocates Appeared:
For the Petitioners: Mr. D. Saikia, Mr. M. Phukan.
For the Respondents: Mr. S. Nawaz, Ms. Padmini Baruah.

JUDGMENT :

1. Heard Mr. D. Saikia, learned Advocate General, Assam and Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the petitioners. Also heard Mr. S. Nawaz, learned counsel for the respondent No.1/informant/ complainant and Ms. Padmini Baruah, learned counsel appearing for the proforma respondent No.2. Perused the scanned copy of the record of C.R. Case No.1598C/2022.

2. By this petition under Section 482 read with Section 397 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’), the petitioners have prayed for setting aside and quashing the impugned order, dated 05.03.2022, passed by the learned S.D.J.M. (S)- I, Kamrup (M), Guwahati in C.R. Case No.1598C/2022, whereby the Officer-in-Charge of Dispur Police Station has been directed to register a case on the allegations mentioned in the complaint and to investigate the matter fairly as well as to submit the Final Form at the earliest.

3. The brief facts of the case are that on 29.12.2021, the complainant/respondent No.1, namely Abdul Khaleque, a Member of Parliament, lodged a First Information Report (for short ‘F.I.R.’) which reads as under-

    “To,

The Officer-in-Charge,

Dispur Police Station,

Guwahati- 781006

Da

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