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2025 Supreme(Gau) 598

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
Rumi Bora W/o Late Dina Nath Bora – Appellant
Versus
General Fiber Dealers Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.A. Choudhury
For the Respondents: D. Goswami, W. Sharma, A.K. Sahewalla

JUDGEMENT :

SUSMITA PHUKAN KHAUND, J.

1. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) for quashing the impugned order dated 15.02.2023 passed by the learned Judicial Magistrate First Class, Nazira, Sivsagar (hereinafter the Magistrate, for short) whereby the Magistrate took cognizance against the petitioner Smt. Rumi Bora (hereinafter referred to as the petitioner) under Section 452 of the Companies Act, 2013 (Act of 2013 for short). The petitioner has also prayed for quashing the subsequent orders passed after 15.02.2023 in connection with the same case i.e. CR Case No. 07/2023.

2. The petitioner has further prayed for quashing the order dated 24.01.2024 passed in the aforementioned case, allowing the interim prayer of the complainant/opposite party (hereinafter referred to as the complaint) under Section 452 (2) of the Act of 2013 directing the petitioner to vacate the quarter allotted to her husband incidental to his service.

3. The factual matrix of the case is that the complainant lodged a complaint before the learned Magistrate inter-alia alleging that the petitioner was the wife of the erstwhile employee Dino Nath Bora. He

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