GUWAHATI, India, July 1 -- Gauhati High Court issued the following order on June 2:

1. Heard Mr. P. Bora, learned senior counsel assisted by Ms. K. Bhattacharyya, learned counsel for the petitioner Nos. 1, 3, 5, 6 and 7 in WP(Crl.) No.9/2023 and Mr. A. M. Bora, learned senior counsel assisted by Mr. M. K. Das, learned counsel for the petitioner No. 2 in WP(Crl.) No.9/2023. Also heard Mr. P. Gogoi, learned counsel for the petitioner in WP(Crl.) No.14/2023 as well as Mr. D. Nath, learned Senior Government Advocate appearing for the State respondent in both the above-mentioned criminal writ petitions.

2. Since both the above-mentioned writ petitions, namely, WP(Crl.) No.9/2023 and WP(Crl.) No.14/2023, the petitioners have sought common relief of quashing of the FIR and protection from coercive action and since in both the writ petitions, the FIR concern is the common FIR, on the basis of which Margherita P.S. Case No. 42/2023 was registered under Section 120(B) of Indian Penal Code, read with Section 17 of the Unlawful Activities (Prevention) Act, 1967.

3. Hence, both the writ petitions are proposed to be disposed of by this common judgment.

4. The facts relevant for consideration of the above mentioned writ petitions, in brief, are that on 25.02.2023, one S.I. (P), Bhabesh Roy of Ledo Police Outpost under Margarita Police Station, had lodged an FIR before the Officer-in-Charge of Margarita Police Station, inter-alia, stating therein that there are some businessmen, who have been encouraging unlawful activities of different groups of ULFA (I), NSCM (IM), NSCM (KYA), etc. by funding them and helping them in procuring weapons and emanations, build shelters and camps, etc.

5. It is stated in the FIR that during investigation of one another case, i.e., Margherita P.S. Case No. 42/2023, in which certain documents were seized from, it reveals the names of the present petitioners along with the phone numbers and it is alleged that they have financially helped the ULFA (I).

6. On receipt of the said FIR, Margherita P.S. Case No. 61/2023 under Section 120B of Indian Penal Code, read with Section 17 of the Unlawful Activities (Prevention) Act, 1967 was registered.

7. Both the learned senior counsel for the petitioners in WP(Crl.) No.9/2023 as well as the learned counsel for the petitioner in WP(Crl.) No.14/2023 has submitted that the petitioners are innocent businessmen and sometime in the year 2018-2019, the Manager of the petitioner Nos. 1, 2, 3 and 6 were abducted by the terrorist group, namely, ULFA from a bank.

8. It is also submitted that in the year 2022, the petitioner No. 4 of WP(Crl.) No.9/2023 was himself abducted by the said banned organization.

9. It is further submitted that when the family members of the petitioners approached the police, they were advised to negotiate with the extremist group and they did not receive any assistance from the police.

10. The learned senior counsel for the petitioners has submitted that the petitioners are themselves victims of illegal activities of the banned extremist outfits and the same was reported to the police officials.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpF%2BoNtRw%2FEEwm%2BGLkW7sHpp9eeNcFZZWgfr8MyzPHgq1&caseno=W.P.(Crl.)/14/2023&cCode=1&cino=GAHC010077632023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.