Chandan Kr. Bora v. The State of Assam and Anr

PageoNo.#o1/4 GAHC010306922019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1478/2019o CHANDANoKR.oBORAo S/OoBHADRAoKANTAoBORA,oR/OoBARANGABARI,oP.S.oANDoDIST-MORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANR.o (NOTICEoTHROUGHoTHEoPUBLICoPROSECUTOR,oASSAM) 2:MOHANoPHUKAN oS/OoPHULESWARoPHUKAN oASSISTANToINSPECTORoOFoPOLICE oMORIGAONoPOLICEoSTATION oP.O.oANDoP.S.-MORIGAON oDIST-MORIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMR.oPoJoSAIKIAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::BEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkR o

21.12.2023 Heard the learned counsel Mr. P.J. Saikia appearing for the petitioners. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor representing the State of Assam and Mr. R.S. Chauhan, Page No.# 2/4 learned counsel appearing for the respondent no.2.

¶2This is an application under Section 482 of the CrPC praying for quashing the FIR dated 19.10.2018 in respect of Morigaon P.S. Case No.522/2018 and the corresponding charge sheet no.307/2018 dated

31.12.2018.

¶3The police officer named Mohan Phukan had lodged an FIR before police stating that on 19.10.2018, at about 12.30 at midnight, there was a law and order problem at a Durga Puja festival held at Bhurbandha Tiniali. Mohan Phukan along with his team went there and on their way, some people including the present petitioner stopped their vehicle and have quarreled with police personnel. Some of those people allegedly pushed and pulled the policemen.

¶4Ultimately, on conclusion of investigation, police the charge sheet under Sections 353, 333, and some other sections of Indian Penal Code.

¶5Now, the informant Mohan Phukan has sworn on affidavit stating that in that occurrence the present petitioner Chandan Bora was not involved at all though his name is mentioned in the FIR.

¶6Under the aforesaid circumstances, Chandan Kumar Bora has filed this application under Section 482 CrPC praying for quashing proceeding against him.

¶7I have heard the learned counsels of both sides. Mr. Chauhan appearing for Mohan Phukan has submitted that he has no objection if the criminal petition is allowed.

¶8The guidelines for quashing of the criminal proceeding has been laid Page No.# 3/4 down by the Hon'ble Supreme Court in State of Haryana and Ors. -versus-Bhajanlal and Ors., reported in AIR 1992 SC 604. Paragraph 102 of the said judgment is quoted hereunder: "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient Page No.# 4/4 ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

¶9In Bhajanlal(supra), the Supreme Court has cautioned that the power under Section 482 of the CrPC is to be sparingly used by the High Courts. The power under Section 482 of the CrPC is meant to prevent abuse of the process of the court.

¶10Reverting to the case in hand, this Court is of the opinion that the ratio laid down by the Hon'ble Supreme Court is applicable in the present case. I find that under the given facts and circumstances of the case, there is no possibility of future conviction in this case. Thus, allowing the criminal proceeding to continue before the learned trial court would be nothing but an abuse of the process of the court. It is a fit case for exercising the power under Section 482 of the CrPC.

¶11In view of the above, the FIR dated 19.10.2018 in respect of Morigaon P.S. Case No.522/2018 and the corresponding charge sheet no.307/2018 dated 31.12.2018, are quashed and set aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant