JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

Heard learned Senior Counsel Ms. N. Modi for the petitioner Swati Bidhan Baruah.

2. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for quashing the FIR, Complaint, Charge Sheet & Criminal Proceeding pending in the Court of Chief Judicial Magistrate, Kamrup (M) (the CJM for short) against the petitioner, registered as GR Case No. 3354/2013 arising out of CID Police Station Case No. 21/2013 registered under Sections 385/506 of the Indian Penal Code, 1860 (the IPC for short) read with Section 66 A of the Information Technology Act, 2000 (IT Act for short) and later Sections 406/419/420 IPC were also added. It is submitted that charges have been framed against the petitioner and this case is pending at the stage of evidence. Charge under Sections 385/406/420/506 IPC has been framed against the petitioner vide order dated 15.07.2016 passed by the learned CJM, Kamrup (M).

3. It is submitted that charges have erroneously been framed and thereafter, the complainant failed to appear before the learned trial Court. Not a single witness has appeared before the learned trial Court