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GAUHAH HIGH COURT
SANJAY K. AGARWAL, J
Duina Barbarua alias Dwina Barbaruah v. State of Assam and Another
| Table of Content |
|---|
| 1. criminal petition filed seeking quashing of a complaint. (Para 1 , 2 , 3) |
| 2. details of allegations from fir leading to the complaint. (Para 5) |
| 3. court's decision to maintain both investigation and complaint proceedings. (Para 12 , 21) |
| 4. guidelines on when to stay proceedings in light of investigations. (Para 14 , 15) |
| 5. affirmation of the petitioner’s right to pursue remedies under the code. (Para 20) |
1. This criminal petition is preferred under S.482, Code of Criminal Procedure, 1973 (''the Code'' and / or ''the Cr.P.C.'', for short) seeking quashing of criminal proceeding of Complaint Case No. C.R. 5611 / 2018, presently pending before the Court of learned Sub-Divisional Judicial Magistrate (Sadar) - 1, Kamrup (Metro), Guwahati (''the trial court'', for short), insofar as against the present petitioner is concerned.
2. The petitioner has also challenged the order dated 28.11.2018 whereby the learned trial court taking cognizance of the offences punishable under S.494/506/34, Indian Penal Code (IPC) and finding a prima facie case against the petitioner and another to proceed, had issued process for their appearance. The petitioner has sought quashing of the C sai
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