GUWAHATI, India, Sept. 7 -- Gauhati High Court issued the following order on Aug. 7:

1. Heard Mr. A. Neog, learned counsel assisted by Mr. A. Chandalia, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State.

2. The instant petitioner Kongkon Borthakur, stated to be a journalist, seeks to invoke the provisions of Section 482 of Cr.PC for quashing of FIR dated 11.11.2016, which led to registration of Sivasagar P.S Case No.1008/2016 under Section 153(A)/34 of the IPC.

3. The informant namely, Farid Islam Hazarika, President of All Assam Muslim Students Union, herein after called AAMSU (Sivasagar) has been impleaded as respondent no.2.

4. As per office note dated 20.03.2025, service report upon respondent no.2 was duly served, however he has not chosen to appear.

5. The learned counsel for the petitioner has taken the Court through the original version of the ejahar dated 11.11.2016. The learned counsel has also taken the Court through the original newspaper publication dated 08.11.2016 in the newspaper "Dainik Janambhumi", along with its English translation, on the basis of which the ejahar was lodged.

6. The newspaper item is stated to be a journalistic report made by the petitioner accused after ground research and pursuant to publication of the same; the ejahar in question came to be filed by respondent no.2 representing a certain organization.

7. In the leading judgment of the State of Haryana Vs. Bhajan Lal, reported in 1992 SCC (Cri.) 426, which has laid down the foundations of law governing the field of quashing in exercise of inherent powers; various illustrations and criteria have been given for exercising such powers; one of which is that if the allegations in the ejahar prima facie do not make out any offence, then the said FIR can be quashed in exercise of inherent powers.

8. The principles laid down in Bhajan Lal(Supra), have been built upon by many subsequent decisions of the Hon'ble Supreme Court and today there is a large body of case laws governing the field of quashing invoking inherent powers. With regard to the quashing of FIR, a reference may be made to Neeharika Infrastructure Private Limited Vs. State of Maharastra and Others, reported in (2021) 19 SCC 401.

9. In support of his submission, learned counsel for the petitioner has relied on the following case lawsa) State of Haryana Vs. Bhajan Lal, reported in 1992 SCC (Cri.) 426 b) Patricia Mukhim Vs. State of Meghalaya, reported in (2021) 15 SCC 35 c) Bilal Ahmed Kaloo Vs. State of A.P, reported in (1997) 7 SCC 431 10. Before proceeding further, the provisions of Section 153A of IPC may be reproduced herein below -

153A.Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.-

(1)Whoever-(a)by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or(b)commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or(c)organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vbLDq2hkXomwS6xphxR35ayIC3g6G%2F7201%2Basn9qdfzj&caseno=Crl.Pet./988/2016&cCode=1&cino=GAHC010175912016&state_code=6&appFlag=)

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