JUDGMENT :

(Honourable Mrs. Justice Mitali Thakuria, J.) :

Heard Mr. S. Chamaria, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. A. K. Bhuyan, learned counsel for the respondent No. 2.

2. This application filed under Section 397 of Cr.P.C. read with Sections 401/482 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing of the impugned Order dated 03.11.2023 passed in G.R. Case No.1407/2017 under Sections 120(B)/420/468/471 of IPC passed by the learned Judicial Magistrate First Class, Tinsukia, whereby the learned Trial Court framed the charges against the present petitioner under Sections 120(B)/467 of IPC.

3. The brief facts of the case is that; the respondent No.2 is the owner and occupier of the property situated at 23/71, Punjabi Bagh West, New Delhi which comprises of land and building of 1322.22 sq. yard. The said respondent No.2 also permitted the petitioner along with one namely Mahesh Kumar Rasiwasia and their families to reside in the said property by way of permissive use. On 27.06.2017, the respondent No.2 came to know that the petitioner along with Mahesh Ku