Gauhati High Court
Google India Pvt Ltd vs The State Of Assam And Anr on 21 December, 2022
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010263592022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1304/2022
GOOGLE INDIA PVT LTD
NO. 3, RMZ INFINITY -TOWER E, OLD MADRAS ROAD, 4TH AND 5TH
FLOORS, BANGALORE KA 560016, REP. BY GITANJALI DUGGAL, AGED
ABOUT 50 YEARS, DAUGHTER OF LATE V. P. DR. DUGGAL, R/O D-32,
SECOND FLOR, PANCHASEEL, ENCLAVE, NEW DELHI-110017
AUTHORISED SIGNATORY.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE LD. PP, ASSAM
2:SRI PRAMOD BORO
S/O LATE GHANASHYAM BORO
VILL- SAURAGURI
P.O. KACHUBARI
P.S. TAMULPUR
DIST. BAKSA, BTAD, ASSA
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
21-12-2022 This is an application, under Section 482 of Cr.P.C., for setting aside and quashing of the C.R. Case No. 34/2020 and the orders dated 13-08-2020, 27- 09-2021 and 08-12-2022, passed by the learned Chief Judicial Magistrate, Kokrajhar.
Page No.# 2/2 Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. N. Gautam, learned counsel as well as Mr. Sidharth Luthra, learned senior counsel, assisted by Mr. Rangon Choudhury, learned counsel representing the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor representing the State respondent No. 1.
It is submitted by the learned senior counsel for the petitioner that vide order dated 06-12-2022, passed in Crl. Pet. No. 1233/2022, this Court has stayed further proceedings against the accused No. 1 in C.R. Case No. 34/2020, pending before the learned Chief Judicial Magistrate, Kokrajhar. It is submitted that similar direction may also be issued in this criminal petition against the present petitioner as accused No. 2 in the same complaint petition. It has also been submitted that the petitioner does not represent Google India Pvt. Ltd. as alleged. More so, the Magistrate did not follow the provisions of law under Section 202 Cr.P.C. before issuing process to the petitioner. I have considered the submissions of the learned counsel for the petitioner. Accordingly, issue notice.
Steps be taken for service of notice on respondent No. 2 by registered post with A/D Card as well as by usual process within a week from today. List the matter on 20-01-2023.
In the interim it is directed that all further proceeding of C.R. Case No. 34/2020, pending before the learned Chief Judicial Magistrate, Kokrajhar, so far as the petitioner is concerned, shall remain stayed.
JUDGE Comparing Assistant