Anil Gogoi vs The State Of Assam And Ors
2023 Latest Caselaw 4541 Gua

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GAHC010249682023




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

                         Case No. : Crl.Pet./1190/2023

         ANIL GOGOI
         S/O LATE BIDYADHAR GOGOI,
         R/O BORDOLOI NAGAR, SARAT SINGH ROAD, P.S. AND DIST.- TINSUKIA.

         VERSUS

         THE STATE OF ASSAM AND ORS.
         REP. BY ITS PUBLIC PROSECUTOR.

         2:ASHOK DAS
          S/O LATE CHOTELAL DAS
          R/O MAKUM
          DIGBOI ROAD
          NEAR KUSSAN TEA INDUSTRIES
          P.O. AND P.S.- MAKUM
          DIST.- TINSUKIA
         ASSAM
          PIN- 786170.

         3:PURAN DAS
          S/O LATE HALDHAR DAS
          R/O MAKUM
          DIGBOI ROAD
          NEAR KUSSAN TEA INDUSTRIES
          P.O. AND P.S.- MAKUM
          DIST.- TINSUKIA
         ASSAM
          PIN- 786170.

         4:SURAJ DAS
          S/O LATE MAHESH DAS
          R/O MAKUM
          DIGBOI ROAD
          NEAR KUSSAN TEA INDUSTRIES
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             P.O. AND P.S.- MAKUM
             DIST.- TINSUKIA
             ASSAM
             PIN- 786170.

            5:AMIT DAS
             S/O LATE KRISHNA DAS
             R/O MAKUM
             DIGBOI ROAD
             NEAR KUSSAN TEA INDUSTRIES
             P.O. AND P.S.- MAKUM
             DIST.- TINSUKIA
            ASSAM
             PIN- 786170

Advocate for the Petitioner   : MR. BHASKAR DUTTA, SENIOR ADVOCATE

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

07.11.2023

Heard Mr. B. Dutta, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

2. In this petition, under Section 482 read with Section 401 of the Cr.P.C., the petitioner has prayed for quashing the FIR of Tinsukia PS Case No. 564/2022, under Sections 294/506 of the IPC read with Section 3[1][x] of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act and the Charge Sheet, being Charge Sheet No. 212/2023, dated 27.05.2023, under Sections 294/506 of the IPC read with Section 3[x] of the Scheduled Castes and the Scheduled Tribes [Prevention of Atrocities] Act.

3. Mr. Dutta, learned counsel for the petitioner submits that though the case has been registered under Section 3[x] of the Scheduled Castes and the Page No.# 3/3

Scheduled Tribes [Prevention of Atrocities] Act, yet, no ingredients of the aforesaid offence is made out from the perusal of the FIR and that the entire investigation was carried out by one Sub-Inspector and one Deputy Superintendent of the Police and submitted charge sheet against the petitioner and in view of the judgment of Hon'ble Supreme Court of India in the case of State of Andhra Pradesh vs. Viswanadula Chetti Babu, report in [2010] 15 SCC 103 that an investigation being done by any officer below that rank and not specified as per Rule 7 would not be entitled to investigate any such offence and as such, Mr. Dutta contended to allow the petition.

4. Perused the petition as well as the documents placed on record.

5. Let notice be issued to the respondent Nos. 2; 3; 4; and 5, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Sarma has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent No. 1 during the course of the day.

6. Having heard the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, it is provided that further proceeding of Special Case no. 01/2023, pending before the learned Addl. Sessions Judge No. 2 [FTC], Tinsukia stands stayed.

7. The Registry shall call for the scanned copy of the record from the learned court below.

8. List the matter after 4 [four] weeks.

JUDGE Comparing Assistant