Gauhati High Court
Chiraj Ali vs The State Of Assam And Anr on 6 August, 2025
Page No.# 1/4
GAHC010171922025
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./946/2025
CHIRAJ ALI
SON OF LATE NAZIR ALI
RESIDENT OF BHOLAGAON, P.S. PALASHBARI, P.O. SIKARHATI
DIST. KAMRUP, PIN-781125, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR. A M BORA, MR. V A CHOWDHURY,MR. D GAGAI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : --06.08.2025
Heard Mr. A.M. Bora, the learned senior counsel for the petitioner assisted
by learned counsel Mr. V.A. Chowdhury. Also heard Mr. P. Borthakur, the learned
Addl. Public Prosecutor appearing on behalf of the State respondent no. 1.
Page No.# 2/4
2. This is an application u/s 528 read with Section 438 and Section 442 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying for setting aside
and/or quashing of the criminal proceedings in Complaint Case - C.R. Case No.
10/2024 pending in the Court of Ld. Additional Chief Judicial Magistrate, Kamrup
at Amingaon, Assam and the impugned order dated 06.11.2024 passed by the
learned Additional Chief Judicial Magistrate, Kamrup at Amingaon, Assam in
Complaint Case - C.R. Case No. 10/2024 taking cognizance of offences under
Sections 195(A), Indian Penal Code and issuing summons against the petitioner.
3. Issue Notice to the respondent no. 2 through registered post with A/D.
4. No formal notice is required to be served to the State respondent no. 1.
However, extra requisite copy be served to respondent no. 1 during the course
of the day.
5. Also call for the scanned copies of the TCR.
6. Also heard Mr. A.M. Bora, the learned senior counsel on the interim prayer.
7. It is submitted by Mr. Bora that initially one FIR is lodged by the
complainant/respondent no. 2 wherein there is no whisper of allegation against
the present petitioner and subsequently charge-sheet is also filed and the name
of the petitioner is not in the charge-sheet which has already been registered as
Sessions Case No. 103/2022 pending before the Court of the learned Additional
Sessions Judge, Kamrup, Amingaon. But, during the pendency of the said case
at the time of evidence the complainant filed one petition u/s 319 Cr.PC to bring
the present petitioner as an accused in the said case. But, that was not allowed
by the learned Sessions Judge initially and challenging to the said order the
respondent also preferred a revision petition before this Court and where no
order was passed in favour of the respondent. Thereafter, only on 24.01.2024
Page No.# 3/4
the respondent no. 2 lodged a complaint against the present petitioner with the
allegation of threatening the witnesses to adduce false evidence in the said
Sessions Case No. 103/2022. From the said complaint the learned CJM took the
cognizance of this case on 06.11.2024 u/s 195A IPC.
8. It is submitted by Mr. Bora that the said complaint is not maintainable
before the learned CJM and as per the law provided u/s 195A, the complaint has
to be lodged in the court where the original case is pending or where evidence
is recorded but the present complaint has been lodged only before the learned
CJM wherein the cognizance has already been taken against the present
petitioner. In support of his submission Mr. Bora also relied on decision of
Hon'ble Supreme Court in the case of Salib alias Shalu alias Salim v. State
of Uttar Pradesh & Others, reported in, (2023) 20 SCC 194 and basically
relied on para 17 of the said judgment which read as under:-
"17. The plain reading of the aforesaid provision indicates that if a witness or any other
person receives threats and such threats are administered with an intent to cause that
person to give false evidence before the court, then such witness or person can file a
complaint in relation to the offence under Section 195-A IPC. It goes without saying that
such complaint has to be lodged before the court recording the evidence. Section 195-A
CrPC provides a remedy of filing a complaint."
9. Accordingly Mr. Bora submitted that an interim may be granted to the
present petitioner till disposal of the present case and further proceeding in the
said C.R. Case No. 10/2024 may be stayed till next date of listing pending
before the learned Additional CJM, Kamrup, Amingaon.
10. Mr. Borthakur however raised objection and submitted that there may not
be any stay order in the said proceeding and he insisted to call for scanned copy
of the TCR.
11. Hearing the submission made by learned counsel for both sides,
Page No.# 4/4
considering all aspects of the case, the proceeding of C.R. Case No. 10/2024
pending before the learned Additional CJM, Kamrup, Amingaon is stayed till next
date of listing.
List accordingly after 4 (four) weeks.
JUDGE
Comparing Assistant
