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IN THE HIGH COURT OF GAUHATI
S.J. Sarmah, J
Kakoli Goswami v. State of Assam
| Table of Content |
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| 1. facts and context of the case leading to the appeal. (Para 2 , 3) |
| 2. arguments regarding the legality of the lower court's order. (Para 4 , 5 , 6) |
| 3. court's observation on legal standards of evidence for jurisdiction. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. final decision to quash the order. (Para 13 , 14) |
1. Heard Mr. S.J. Sarmah, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1 and Mr. A.A. Dewan, learned counsel appearing for the respondent No.2.
2. Correctness or otherwise of the order dated 28.01.2019, passed by the learned Sub-Divisional Judicial Magistrate, Kaliabor, Nagaon, in PRC Case No.232/2017, registered under S.420/468/409 of the IPC is challenged in this petition under S.482 read with S.397 and S.401 of the Code of Criminal Procedure , 1973. It is to be noted here that vide impugned order dated 17.03.2021 the learned Court below has invoked the jurisdiction under S.319 CrPC and impleaded the petitioner as one of the accused in the aforementioned case.
3. The background facts leading to filing of the present petition is briefly stated as under: -
"On 08.09.2016 on
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