GUWAHATI, India, Oct. 21 -- Gauhati High Court issued the following order on Sept. 22:
1. Heard Mr. B. K. Singh, the learned counsel for the petitioner. Also heard Mr. R. Chakraborty, the learned counsel for the respondent.
2. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, Smti Papori Borah Bhuyan, praying for quashing of the proceeding of C. R. Case No. 185/2013 (Sri Jitu Bhyan Vs. Smt. Papori Borah Bhuyan) under Section 506 of the Indian Penal Codepending before the Court of learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur.
3. The facts relevant for consideration of the instant Criminal Petition, in brief, are that the respondent Jitu Bhyan had filed a Complaint under Section 294/506 of the Indian Penal Code before the Court of learned Additional Chief Judicial Magistrate, Tezpur on 03.09.2013, naming the present petitioner as the accused in the said case, interalia, alleging that the present petitioner had murdered the brother of the respondent by engaging a killer and in that respect, an FIR was lodged by the respondent. It is also stated in the Complaint Petition that on the basis of the said FIR, Tezpur P. S. Case No. 1057/2012 corresponding to G. R. Case No. 1945 was registered under Section 109/302 of the Indian Penal Code. It is stated in the complaint that the brother of the respondent, namely, Prasanta Bhuyan had died during the pendency of the matrimonial case between the deceased brother of the respondent and the present petitioner in the Family Court at Guwahati.
4. It is further stated in the complaint that after the death of the said Prasanta Bhuyan, the present petitioner had applied for obtaining a Legal Heir Certificate in the Office of the Sub Divisional Officer, Mazuli, Bangaon, in order to get the pensionary benefit in respect of the deceased Prasanta Bhuyan.It is also alleged in the complaint petition that the said Legal Heir Certificate was not granted to the present petitioner, however, later on, it was obtained by her by submitting a copy of the Final Report in the Office of the Sub Divisional Officer, Mazuli, by forging the informant's signature.
5. It is also stated in the said complaint that the respondent had filed an objection before the learned Chief Judicial Magistrate, Tezpur in respect of the Final Report submitted in Tezpur P. S. 1057/2012 on 03.08.2013, thereafter, the learned Chief Judicial Magistrate, Tezpur had rejected the Final Report and directed re-investigation.
6. It was also alleged in the complaint that being offended by the aforesaid fake direction of the reinvestigation the present petitioner had threatened the complainant over the telephone on 27.08.2013 to keep himself away from the matter of the Legal Heir Certificate of Prashant Bhuyan.At that time the respondent (complainant) was in Gotanaga, Tezpur and he was also threatened that he would otherwise face the same serious consequences like that of his brother Prashant Bhuyan. It was also alleged in the complaint when the respondent raised an objection, the present petitioner insulted him by using obscene language.
7. On lodging of the said complaint, the Court of learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur had examined the complaint under Section 200 of the Code of Criminal Procedure, 1973 and, thereafter, took cognizance of the offence under Section 506 of Indian Penal Code and, accordingly, processes were issued to the present petitioner.
8. Mr. B. K. Singh, the learned counsel for the petitioner has submitted that the Trial Court took cognizance of an offence under Section 506 of the Indian Penal Code, without application of judicial mind on the facts and material before it and without properly conducting the inquiry, which is required to be done under Section 202 of the Code of Criminal Procedure, 1973.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=lG6h6ilt3H1fOBr4DLdM9TplETi4ArHo5c4UYwJMHEvd4Mpxo2UXKKtdipVx%2BY2D&caseno=Crl.Pet./66/2014&cCode=1&cino=GAHC010122562014&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
