Mazeda Khatun @ Mafida Khatun vs The State Of Assam And Anr
2023 Latest Caselaw 2431 Gua

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GAHC010115592023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./545/2023

            MAZEDA KHATUN @ MAFIDA KHATUN
            W/O INTAJ ALI, PRESENT R/O VILL NO. 3 KANDHBARI, P.S.-MUKALMUA,
            DIST- NALBARI, ASSAM, PIN-781126



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MISS NARGIS SULTANA
            W/O MD. NAZRUL ISLAM
             R/O VILL-MERUWATTARI
             P.S.-MUKALMUA
             DIST-NALBARI
            ASSA

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

08-06-2023

Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam.

This Criminal petition is filed by the petitioner praying for quashing of the order dated 25.08.2022 passed by the Court Asstt. Sessions Judge, Nalbari, in Sessions Case No.23/2020 under Section 307/34 of the IPC and the order dated 28.04.2023 passed in Criminal Revision Case No.14/2022 whereby the Court of Sessions Judge, Nalbari upheld the order dated 25.08.2022 passed by the Court of Assistant Sessions Judge, Nalbari in Sessions Case No.23/2020.

Learned counsel for the petitioner submits that an FIR dated 16.04.2018 was lodged by the respondent no.2/ informant making certain allegations against the accused person, namely, Mojjamil Ali, who was her husband and son of the petitioner herein. It is submitted that the informant is the daughter-in-law of the present petitioner. On the basis of FIR which was lodge and registered as Mukalmua Police Station Case No.136/2018 under Section 498(A)/307 of the IPC. Pursuant to the investigation charge-sheet was filed and in the charge- sheet, the accused named the FIR has been shown as the person sent for trail. The name of the present petitioner was not mentioned in the charge-sheet as accused. No allegation was made against her. Subsequently, the matter was committed for trial before the Assistant Sessions Judge, Nalbari and the same was registered as Sessions Case No.23/2020. During the course of the trial the informant/respondent no.2 deposed before the Trial Court and in her deposition Page No.# 3/4

on 25.05.2022, she made certain allegations against the present petitioner that she had tortured her and tried to kill her by putting her cloths on fire. On such statement, the Court of Assistant Session Judge, Nalbari vide order dated 25.08.2022 summons were issued and formal charges were framed against the petitioner under Sections 307/34 of the IPC.

Being aggrieved, the writ revision petition being Criminal Revision petition case no.14/2022 was preferred by the petitioner before the Court of Sessions Judge, Nalbari. The Court of Sessions Judge, Nalbari vide the judgment and order dated 28.04.2023 dismissed the revision petition and declined to interfere with the order dated 25.08.2022 by which summons were issued to the petitioner and formal charges were framed against the petitioner. Being aggrieved, the present criminal petition has been filed.

Learned counsel for the petitioner submits that the statements made by the informant/respondent no.2 in her deposition before the Trial Court was afterthought and during the entire investigations, no allegation was made against her. Consequently, the Trial Court only on the basis of law and facts of the case, proceeded to frame charges against the petitioner.

Mr. B.B. Gogoi, learned Additional Public Prosecutor, submits that the Court prescribes powers for a Trial Judge to frame charge on the basis of the materials available on record. As such, the framing of a formal charge against the petitioner by itself is not a contrary to the provision of Court.

Accordingly, let notice be issued, returnable within 1 (one) week.

Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, accepts notice on behalf of the respondent no. 1, so notice is waived in respect of the respondent no.1. However, extra copies of the petition be served to Mr. B.B. Gogoi, learned Page No.# 4/4

Additional Public Prosecutor, Assam within a week from today. Learned counsel for the petitioner shall take steps for service of notice upon the informant/respondent no.2 by registered post with A/D within a week from today. Dasti is also permitted.

List the matter on 19.06.2019, on which date the prayer for interim order will be considered.

JUDGE

Comparing Assistant