Gauhati High Court
Bibek Das vs The State Of Assam And Anr on 16 August, 2023
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GAHC010167162023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./771/2023
BIBEK DAS
S/O SRI ANIMESH DAS, R/O VILL-THELAMARA GHATGAON, P.S. AND P.S.-
THELAMARA, DIST-SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:ANWESHA BARKATAKI
D/O SUNIL KR. BARKATAKI
STUDENT OF DEPARTMENT OF ANTHROPOLOGY
BORDER OF RCC 8 GIRLS HOSTEL
GUAHATI UNIVERSITY
PIN-78101
Advocate for the Petitioner : MR S C DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 16-08-2023
1. Heard Mr. S.C. Das, learned counsel for the petitioner and
also heard Mr. P Borthakur, learned Addl. PP, Assam.
2. The present criminal revision petition has been filed under
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section 482 Cr.P.C., for quashing the FIR dated 13.06.2023 lodged by
the respondent No.2. The FIR is quoted herein below:
Date : .............
"To
The I/C Jalukbari Outpost,
Subject : Formal complaint of sexual assault in University
Campus.
Respected Sir,
I am writing this letter to bring a distressing incident to your
attention and seek appropriate action against an individual who
has engaged in inappropriate behaviour resulting in a violation of
my personal boundaries.
On Wednesday, 24th May 2023, at approximately evending
7th PM, I was present at University Market road when a senior
student named Bibek Das approached me and without consents
touched my private parts in an unwarranted and forceful manner.
This act was invasive, traumatic and left me feeling violated and
deeply disturbed. As a savior of sexual assault, I understand the
gravity of such incidents and the importance of taking immediate
action.
I would like to emphasize that the incident took place in a
public setting, and I belive it is essential to address the matter
promptly to ensure the safety and well being of others who may
encounter this individual. I requested that you conduct a
thorough investigation into the incident and take appropriate
measures to prevent such incidents from occurring in future.
I urge you to treat this matter with the utmost urgency and
seriousness it deserved. Sexual assault is a serious crime that
must not be taken lightly. It is essential to foster an environment
that protects and respects the rights of all individuals of their age
or gender.
Please keep me informed about the processes of your
investigation on any subsequent activities that will be taken. I
expect that appropriate disciplinary action will be implemented to
address this issue effectively and prevent any similar incidents
from happening in the future.
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Thank you for your attention to this matter. I trust that uou
will handle this situation with the necessary sensitivity and
urgency it requires. Your commitment to ensuring a safe and
secure environment for all individuals is greatly appreciated.
Sincerely
Anwesha Barkataki.
Contact No.6901563055
Department of Anthoropology
Border of RCCD 8 Girls Hospital
Gauhati University"
3. The basic case urged by the learned counsel for the petitioner is
that the present FIR is nothing but an abuse of the process of the
criminal law inasmuch as the alleged incident occurred on 24.05.2023
at around 7 PM, whereas the FIR was lodged on 13.06.2023 i.e., after
20 days. Accordingly, the learned counsel for the petitioner relying on
the judgment of the Hon'ble Apex court in the case of Kishan Singh
(dead) Through LCR Vs. Gurpal Singh and Others (2010) 8 SCC
775 argues that as the delay in lodging the FIR after 20 days is not
explained, therefore, it is well established that the FIR is lodged only
to harass the present petitioner. In support of such contention, the
learned counsel for the petitioner further relies on the judgment of
the Hon'ble Apex Court in P Rajagopal and Others Vs. State of Tamil
Nadu reported in AIR 2019 SC 2866.
4. On a bare perusal of the allegation and the FIR as discussed
hereinabove clearly makes out the cases as registered by the
Investigating authority. Law is by now well settled that the inherent
power under section 482 Cr.P.C though is wide enough and there is no
statutory limit, the court is to exercise such power sparingly more
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particularly when the power relates to quashing of an FIR and such
FIR can be quashed only when on a plain reading of the FIR, no case
is made out.
5. As discussed hereinabove the reading of the FIR itself shows that
clear cases as registered has been made out. Now coming to the
delay in lodging the FIR, it is also well settled that the in Indian
context sexual offences relating to the women and dignity of women,
the delay is not always fatal to a case. Further whether such delay is
fatal or not can be a subject matter of the trial itself. At the stage of
the investigation, this Court in exercise of the power under section
482 Cr.P.C. in the considered opinion of this court cannot and should
not quash an FIR, more particularly in the given facts of the present
case, whether the delay in lodging the FIR can't be said to be
inordinate.
6. The judgment relied on by the learned counsel in the case of
Kishan Singh (supra), the subject matter was altogether different and
quashment of FIR was basically relates in the aforesaid case on the
ground that already a civil suit was filed relating to the same incident
and the civil suit was already decreed. Therefore, in the considered
opinion of this court, the ratio laid down in the said case is not
applicable to the facts of the present case.
7. Coming to the judgment of P Rajagopal (supra), the said case
relates to trial and conviction and therefore, the same is also not
applicable so far relating to case of quashment under section 482
Cr.P.C., inasmuch as whether such delay is fatal or not can definitely
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be taken during the course of trial.
8. In view of the aforesaid, the present criminal revision petition
stands dismissed.
JUDGE
Comparing Assistant
