Page No.# 1/5 vs The State Of Assam
2025 Latest Caselaw 450 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam on 13 May, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                         Page No.# 1/5

GAHC010079962025




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

                                  Case No. : Crl.Pet./465/2025

            MS TERISA HOJAI AND ANR
            DAUGHTER OF SRI RADHANANDA HOJAI, RESIDENT OF VILLAGE
            GAMADI HAWAR, P.O. AND P.S. HARANGAJAO, IN THE DISTRICT OF DIMA
            HASAO, ASSAM

            2: SRI DIBAKAR BARMAN
             SON OF SRI PRADIP BARMAN

            R/O VILL-BALIRBOND

            P.O. CHANDRANATHPUR

            P.S. KATHIGORA
            IN THE DISTRICT OF CACHAR
             ASSA

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner   : MR. S HAZARIKA, K BHARALI,MR B KAUSHIK

Advocate for the Respondent : PP, ASSAM,




             Linked Case : Crl.Pet./339/2023

            TERISA HOJAI AND ANR
                                                                        Page No.# 2/5

             D/O SRI RADHANANDA HOJAI
             R/O VILL- GAMADI HAWAR
             P.O. AND P.S. HARANGAJAO

             IN THE DISTRICT OF DIMA HASAO
              ASSAM

             2: SRI DIBAKAR BARMAN
             S/O SRI PRADIP BARMAN
             R/O VILL- BALIRBOND

             P.O. CHANDRANATHPUR
             P.S. KATHIGORA
              IN THE DISTRICT OF CACHAR
             ASSAM
              VERSUS

             THE STATE OF ASSAM AND ANR
             REP. BY THE PP
             ASSAM

             2:DR PRODOSH KIRAN NATH
             REGISTRAR
             ASSAM UNIVERSITY
              SILCHAR
              DIST. CACHAR
             ASSAM
              ------------
             Advocate for : MR B KAUSHIK
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM AND ANR



                                     :: BEFORE ::
                   HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA


                                     O R D E R

13.05.2025

Heard Mr. B. Kaushik, the learned counsel appearing for the petitioners. Also heard Mr. D.P. Goswami, the Addl. Public Prosecutor, Assam.

Page No.# 3/5

2. Both these applications under Section 482 of the Code of Criminal Procedure and under Section 528 of the BNSS, 2023, respectively are filed praying for quashing the criminal proceedings of Dwarbond P.S. Case No.12 of 2023. One application was filed before filing of the charge sheet and the subsequent application was filed after filing of the charge sheet being Charge Sheet No.16/2024.

3. Both the petitioners are working as Laboratory Attendants in the Department of Agricultural Engineering, Assam University, Silchar.

4. The Registrar of the said University lodged an ejahar before police on 14.01.2023 alleging that these two petitioners had made some unfounded allegations against the Head of the Department in-Charge of the Department of Agricultural Engineering of the said University. It is further alleged that both the petitioners had sent some emails to the complainant Registrar, Vice Chancellor and Head of the Department of Agricultural Engineering of the University. They also allegedly sent said emails to the Ministry of Education at New Delhi. The complainant Registrar had alleged those emails were actually sent to injure and harass a lady faculty and also to tarnish the image of the University.

5. On 11.10.2023, this Court had passed an order in Criminal Petition No.339/2023 holding that there is no prima facie case cognizable under the law.

6. The allegations brought in the FIR do not constitute any criminal case against the present petitioners because the FIR itself is ambiguous. Mr. Kaushik submits that the petitioners were not receiving their emoluments and that is why they sent the emails asking for their salaries.

7. I have considered the submissions made by the learned counsel of both sides.

8. The guidelines for consideration of a petition under Section 482 of the CrPC has been laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal , AIR 1992 SC 604. Paragraph 102 of the judgment reads as under:

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"102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

9. This Court is of the opinion that the ratio laid down in Bhajan Lal (supra), is squarely applicable in the present case. In this type of complaints, nobody is going to be convicted. Thus, allowing such a criminal proceedings to continue before a trial court would be nothing but an abuse of the process of the court.

10. These are fit cases for exercising power under Sections 482 of the CrPC (528 of Page No.# 5/5

the BNSS, 2023). Both the criminal petitions are allowed.

11. Accordingly, the criminal proceedings of the charge sheet being Charge Sheet No.16/2024 arising out of Dwarbond P.S. Case No.12 of 2023 is quashed and set aside.

The Criminal Petitions are disposed of.

JUDGE

Comparing Assistant