IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Balaram Mandal, S/o. Dhiren Mandal – Appellant
Versus
State of Assam, Represented By The Public Prosecutor, Assam – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. A.L. Mandal, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. Before any deliberation on the impugned orders, it is apposite to state the background facts, in brief, at first. One Smti. Mamata Mandal was the informant in the First Information Report [FIR] lodged before the Officer In-Charge, Mayang Police Station on 05.12.2021 in connection with Mayang Police Station Case no. 270/2021 registered under Sections 498A/494/34, INDIAN PENAL CODE [IPC]. In the FIR, the petitioner herein was named as accused no. 1 and one Smti. Sarmila Mandal was named as accused no. 2. It was inter alia alleged that in an incident occurred on 31.10.2021, both the accused persons assaulted the informant and drove her and her son, aged about 6 years, out of her matrimonial house.
3. After investigation, the Investigating Officer [I.O.] of the case submitted a charge-sheet vide Charge-Sheet no. 167/2021 on 26.12.2021. In the Charge- Sheet, the petitioner was the only charge-sheeted accused and the I.O. stated that there were sufficient materials against the petitioner to stand in the t
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