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2024 Supreme(Online)(GAU) 7184

HIGH COURT OF GAUHATI
MR. JUSTICE N. UNNI KRISHNAN NAIR, J
MD HAFIZUDDIN AHMED AND 4 ORS – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


Advocates:
MR. P MAHANTA, V KHAKHALARY, C SARMA, MR J K BORDOLOI

ORDER

05.09.2024 Date :

Heard Mr. P. Mahanta, learned counsel, appearing on behalf of the petitioners.

Also heard Mr. K. K. Parasar, learned Addl. P.P., Assam, who appears and accepts notice on behalf of respondent No. 1.

The present application has been instituted by the petitioners, herein, under Section 528 of the Bharatiya Nyaya Sanhita, 2023, praying for quashing of the First Information Report(FIR) in Kaliabor Police Station Case No. 16/2024 u/s. 498(A)/34 of the Indian Penal Code, along with a challenge to an order, dated 18.05.2024, by which the learned Judicial Magistrate, First Class, Kaliabor, had taken cognizance of PRC Case No. 157/2024 u/s. 498(A)/34 of the Indian Penal Code.

Issue notice, returnable in 4 weeks.

Petitioners to take steps for service of notice upon the respondent No. 2 by registered post with A/D within 3 working days from today On consideration of the materials brought on record; it is revealed that the respondent No. 2 had earlier lodged a First Information Report(FIR) containing similar allegations against the petitioner and his family members which on being charge-sheeted was considered by the Court of the learned Judicial Magistrate, First Class, in G.R

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