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Showing contexts for: KALIABOR in Page No.# 1/4 vs The State Of Assam And Anr on 5 September, 2024Matching Fragments
Date : 05.09.2024 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.
Page No.# 4/4 It is seen that subsequently, the First Information Report (FIR), dated 04.02.204, was lodged by the respondent No. 2, herein, leading to registration of Kaliabor Police Station Case No. 16/2021, u/s. 498(A)/34 of the Indian Penal Code.
The respondent No. 2 has also filed a D.V. No. 102/2023, before the Court of learned Sub-Divisional Judicial Magistrate, Kaliabor, which is stated to be pending.
In view of the above position; this Court is of the prima facie view that the petitioners have made-out a case for an interim direction in the matter.
Accordingly, till the returnable date; it is directed that further proceedings in PRC Case No. 157/2024 u/s. 498(A)/34 of the Indian Penal Code, presently pending disposal before the Court of the learned Judicial Magistrate, First Class, Kaliabor, shall remain stayed.
List it again after 4 weeks on a date to be fixed by the Registry.