Page No.# 1/2 vs The State Of Assam And Anr
2025 Latest Caselaw 3553 Gua

Gauhati High Court

Page No.# 1/2 vs The State Of Assam And Anr on 27 February, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                        Page No.# 1/2

GAHC010215282024




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

                                Case No. : Crl.Pet./1269/2024

            KANKANJYOTI KAUSHIK AND 2 ORS
            S/O UMESH CH. SHARMA, R/O JAPARKUCHI, P.S.-NALBARI, DIST-
            NALBARI (ASSAM)

            2: AMRIT NEWAR
             S/O LATE MAN BAHADUR NEWAR
             R/O PATGAON
             P.S.-SERFANGURI
             DIST-KORKRAJHAR
             BTR (ASSAM)

            3: NARATTAM MUSHAHARY
             S/O BINOD BHUSHAN MUSHAHARY
             R/O AFLAGOAN
             P.S.-SERFANGURI
             DIST-KORKRAJHAR
             BTR (ASSAM

            VERSUS

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

            2:NIRENTA BASUMATARY
             S/O LATE UKIL BASUMATARY
             R/O GWJWNPURI
             P.S.-SERFANGURI
             DIST-KORKRAJHAR
             BTC (ASSAM

Advocate for the Petitioner   : MR. A AHMED, MR. I U CHOWDHURY

Advocate for the Respondent : PP, ASSAM,
                                                                                       Page No.# 2/2




                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

Date : Date : 27.02.2025

Heard Mr. A. Ahmed, the learned counsel appearing for the petitioners as well as Ms.N. Das, the learned Additional Public Prosecutor for the state of Assam.

Scanned copy of the LCR has been received.

Heard the learned counsel of both sides in the matter of prayer for stay. This is a case, where forest officials had apprehended some persons and tortured them physically and mentally.

Mr. Ahmed had relied upon the judgment of the Hon'ble Supreme Court that was delivered in D. Devaraja Vs. Owais Sabeer Hussain reported in AIR 2020 SC 3292. Paragraph 77 of the said judgment is quoted as under:

"It is well-settled that an application under Section 482 of the Code of Criminal Procedure is maintainable to quash proceedings which are ex-facie bad for want of sanction, frivolous or in abuse of process of court. If, on the face of the complaint, the act alleged appears to have a reasonable relationship with official duty, where the criminal proceeding is apparently prompted by mala fide and instituted with ulterior motive, power under Section 482 of the Code of Criminal Procedure would have to be exercised to quash the proceedings, to prevent abuse of process of court."

Having considered the submissions made by the learned counsel of both sides and after considering the materials available before this Court, this Court is of the opinion that further

proceeding of PRC Case No. 243/2024 pending in the court of the learned Judicial Magistrate 1 st Class, Kokrajhar deserves to be stayed.

Therefore, it is directed that till disposal of the present criminal petition, the further

proceeding in PRC Case No. 243/2024 pending in the court of the learned Judicial Magistrate 1 st Class, Kokrajhar shall remain stayed.

List after four weeks.

JUDGE

Comparing Assistant