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2021 Supreme(Online)(Gau) 379

GAUHAH HIGH COURT
SANJAY K. AGARWAL, J
Duina Barbarua alias Dwina Barbaruah v. State of Assam and Another


Advocates:
For the Appellants/Petitioners: Mr. T.H. Hazarika
For the Respondents: Ms. S. Jahan, Ms. S. Parveen

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 said order insofar as the petitioner is concerned. In Complaint Case No. C.R. 5611 / 2018, one Md. Sabir Nishat is arraigned as accused No. 1 (hereinafter referred to as ''the accused No. 1'', at places, for easy reference) and the petitioner is arraigned as accused No. 2.

3. To understand the nature of challenge made in this petition, it is apt to refer first to a First Information Report (FIR) lodged by the respondent N




























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