Gauhati High Court
Amir Khan vs The State Of Assam And Anr on 20 January, 2022
Page No. 1/6
GAHC010033302020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./128/2020
AMIR KHAN
S/O LT. ALI MIAH, R/O VILL-MOTINAGAR, P.S.-SONAMURA, DIST-
SEPAHIJALA (TRIPURA), PIN-799131
VERSUS
THE STATE OF ASSAM AND ANR.
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:ANJON ROY
S/O LT. MONORANJAN ROY
IN-CHARGE RANGIRKHARI TOWN OUT POST
P.S.-SILCHAR
DIST-CACHAR (ASSAM)
PIN-78800
Advocates for the petitioner: Mr. L.R. Mazumder,
Mr. A.Z. Ahmed &
Mr. I Hoque.
Advocate for the State/respondent No.1 & 2: Mr. R.J. Baruah, Addl. P.P., Assam.
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
Date of hearing : 07.12.2021.
Date of judgment : 20.01.2022.
Page No. 2/6
JUDGEMENT AND ORDER
Heard Mr. L. R. Mazumder, learned counsel appearing for the petitioner.
Also heard Mr. R.J. Baruah, learned Addl. P.P., Assam, appearing for the
State/respondents.
2. By filing this petition under Section 482 of the CrPC, the petitioner has
sought for quashing of the order dated 10.07.2019, passed by the learned CJM,
Cachar at Silchar, passed in PRC Case No.913/2019 (arising out in connection
with the Silchar P.S. Case No.485/2019, under Section 14(A)/14(C) of the
Foreigners Act.
3. By the said order dated 10.07.2019, after framing of charge by the learned
trial Court, under Section 14-A of the Foreigners' Act, against the present
accused/petitioner along with three others, the pleaded guilty for the offence
alleged and accordingly, each of them were convicted to undergo simple
imprisonment for two years and fine of Rs.10,000/-, in default further
imprisonment for two months.
By the said order, the learned trial Court also directed the Deputy
Commissioner, Cachar to take necessary steps for their deportation, after
completion of their jail term.
Page No. 3/6
4. Being aggrieved by the impugned order dated 10.07.2019, the present
petition is preferred.
5. The brief facts of the case is that on 10.02.2019, informant Anjan Kumar
Roy, the incharge of Rangikhari Town Out Post lodged an FIR, after receiving
the information that some Rahingiya people were residing as tenants in the
Sonarighat area. Accordingly he along with others conducted raid and found
eight people (both male and female), as tenants in the house of accused No.1
and they have admitted that they have come from Bangladesh via Tripura and
residing there for the last four months as tenants.
6. Accordingly they were taken into custody and produced before the Court
of learned CJM, Cachar at Silchar on 11.02.2019. Later on they accused persons
were released on bail, on execution of bail bonds. The police registered a case
against the accused persons vide Silchar P.S. Case No.485/2019 and after
completion of the investigation, the police submitted the charge sheet vide
Charge Sheet No.327/2019, dated 30.04.2019.
7. On committal of the case, on 30.04.2019, the Court of learned CJM,
Cachar at Silchar registered the PRC Case No.913/2019 and framed the charge
under Section 14-A of the Foreigners' Act, against the present
accused/petitioner along with others, which was explained to the accused
Page No. 4/6
persons. The accused persons pleaded guilty to the offence leveled against
them and accordingly the learned trial Court, vide the impugned order dated
10.07.2019, convicted the accused persons, as stated above.
8. The main contentions raised by the present petitioner in the present
petition is that, he is a permanent resident of village Motinagar of West Tripura
District. In support of his claim, the petitioner produced the birth certificate vide
Annexure-6, as per which he born on 19.11.1991, in V.M. Hospital, Tripura. The
petitioner contends that he pursued his primary education in Kalam Khet S.B.
School, under Sonamara Police Station of West Tripura District and read there
upto Class-VIII, which he tried to prove by annexing the school certificate vide
Annexure-7.
9. The pleaded case of the petitioner is that he is not a foreigner but the
learned trial Court framed the charge against him under Section 14-A of the
Foreigners' Act and upon wrong advice of the engaged counsel, the accused
persons pleaded guilty and accordingly they were convicted by the learned trial
Court, as aforesaid. Otherwise, they had a good case to contest the matter in
the learned trial Court and being highly aggrieved, has preferred the present
petition, to set aside and quashing of the impugned order dated 10.07.2019,
passed by the learned trial Court, in PRC Case No.913/2019 and to issue
Page No. 5/6
necessary direction to frame the charge afresh under the proper section of Law
and to initiate a fresh trial, in the interest of justice.
10. I have heard the learned counsel for both sides and perused the lower
Court record.
11. On perusal of the record as well as the case diary, it reveals that the
petitioner failed to produce any sort of documents at the time of investigation,
which has been reflected from the various statement of witnesses. More so, the
accused person has not claimed anything at the time of framing of charge that
he has certain documents to produce in support of his case, rather he has
pleaded guilty at the time of framing of charge. That being so, the petitioner on
being pleaded guilty and serving around one year sentence, has come up with
the present petition with certain documents, which he never produced before
the I/O as well as before the court, now challenged the impugned order, which
cannot be accepted. There appears no any illegality in the order so passed to
invoke the provision under Section 482 CrPC. The inherent power under Section
482 CrPC cannot be exercised in a routine manner unless it is shown that the
miscarriage of justice has been done in a given case. There being no such
cogent ground to interfere with the order passed by the learned trial court, the
petition is hereby dismissed.
Page No. 6/6
Return the LCR.
JUDGE
Comparing Assistant
