JUDGMENT :

1. Heard Mr. A. M. Bora, learned senior counsel, assisted by Mr. V. A. Chowdhury, learned counsel for the petitioners. Also heard Mr. D. Saraf, learned counsel for the Respondent No.1.

2. This Criminal Petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners, praying for quashing of the criminal proceedings in CR Case No.5875/2022, pending before the Court of learned Judicial Magistrate 1st Class, Kamrup (M) as well as for setting aside the order dated 28.11.2022, passed by learned Judicial Magistrate 1st Class, Kamrup (M), in CR Case No.5875/2022, whereby summons were issued against the present petitioners.

3. The facts relevant for adjudication of this Criminal Petition, in brief, are as follows:

i. That the Petitioner No. 1, namely, Ashimara Housing Private Ltd. is a private limited company incorporated as per the provisions of the Indian Companies Act, 1913. It is operating “Your Space”, which is a premier student housing brand, having pan India presence. It caters to nearly 600 plus students. The Petitioner Nos. 2 to 4, are on the Board of Directors of the Petitioner No.1 Company and are no