Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 21 February, 2022
Page No.# 1/4
GAHC010274822018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1270/2018
MOHSIN AHMED AND 4 ORS.
S/O ABDUL JABBAR, R/O VILLAGE AND PO DIGHAILZAR, PS MURAJHAR,
PIN-782439
2: TAHIR AHMED
S/O ABDUL JABBAR
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
3: ABDUL MOZID
S/O LATE HAJI RASHID ALI
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
4: ABDUL JABBAR
S/O LATE HAJI RASHID ALI
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
5: TOYABUN NESSA
S/O ABDUL JABBAR
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
DIST. HOJAI
ASSA
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY PP, ASSAM
Page No.# 2/4
Advocate for the Petitioner : MR A M MAZUMDAR
Advocate for the Respondent : PP, ASSAM
Linked Case : I.A.(Crl.)/214/2021
MOHSIN AHMED AND 4 ORS.
S/O. ABDUL JABBAR
R/O. VILL. AND P.O. DIGHALZAR
P.S. MURAJHAR
DIST. HOJAI
ASSAM
PIN-782439
2: TAHIR AHMED
S/O ABDUL JABBAR
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
3: ABDUL MOZID
S/O LATE HAJI RASHID ALI
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
4: ABDUL JABBAR
S/O LATE HAJI RASHID ALI
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
5: TOYABUN NESSA
S/O ABDUL JABBAR
R/O VILLAGE AND PO DIGHAILZAR
PS MURAJHAR
PIN-782439
DIST. HOJAI
ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P., ASSAM
Page No.# 3/4
2:UMAR UDDIN
S/O. LATE NURUL HOQUE
R/O. VILL. MATIKHULA
P.O. JOYNAGAR
P.S. MURAJHAR
DIST. HOJAI
ASSAM
PIN- 782439
Advocate for : MR. H A TALUKDAR
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
21-02-2022
Mr. E. Ahmed, learned counsel represents the applicants-petitioners.
Mr. R.J. Baruah, learned Additional Public Prosecutor, represents the State.
The applicants have already filed a criminal petition under Section 482 of the
Cr.P.C. being Criminal Petition No. 1270/2018, wherein quashment has been
sought for in respect of FIR dated 13-07-2018, registered being Murajhar Police
Station Case No. 272/2018. However, with the advancement of the investigation
of the case, charge-sheet has been laid in the aforesaid case.
That being so, the applicant has filed this application seeking amendment of the
petition filed, i.e., the Criminal Petition No. 1270/2018 to add a prayer for
quashment of the charge-sheet being CS No. 20/2019, dated 31-01-2019 in the
aforesaid case.
He has also referred to a decision of the Hon'ble Supreme Court in the case of
Anand Kumar Mohatta and another -vs- State (NCT of Delhi), Department of
Home and another, reported in (2019) 11 SCC 706.
Page No.# 4/4
On perusal of the judgment of the Hon'ble Supreme Court, referred to above, as
well as the contention raised by the learned counsel for the petitioner, this Court
is of the view that the prayer can be allowed to prevent the abuse of the
process of the Court.
It has been held in the aforesaid judgment that if an FIR is sought to be
quashed, the laying of charge-sheet is rather aggravated stage of a proceeding
and, therefore, charge-sheet can naturally be prayed to be quashed which the
petitioner has done in the instant case.
That being so, in the light of the decision, referred to above, and on
consideration of the submission of charge-sheet as well as the contents of the
application, the prayer is allowed.
However, to avoid ambiguity and for convenience of reading the application, this
Court directs the petitioner to file an amended petition incorporating therein of
the additional prayer as made in the instant interlocutory application.
The interlocutory application stands disposed of accordingly.
The Criminal Petition No. 1270/2018 be listed on 16-03-2022. In the meantime,
an amended application be filed.
JUDGE
Comparing Assistant
