Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 9, Cited by 0]

Gauhati High Court

Smti Mainu Patnayak vs The State Of Assam And Anr on 3 August, 2017

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                           Crl. Pet. No. 757 of 2014

                                         BEFORE
              HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

03.08.2017

          Heard Mr. Pran Bora, learned counsel appearing for the petitioner.      Also
   heard Ms. Shamima Jahan, learned Additional Public Prosecutor, appearing for the
   State, respondent No. 1 and Ms. Minakshi Bujarbaruah, learned counsel for the

informant/opposite party No. 2.

2) The petitioner herein is a charge-sheeted accused in All Women Police Station Case No. 70/2012, corresponding to G.R. Case No. 6951/2012, now pending before the learned Sub-Divisional Judicial Magistrate (Sadar) No. II, Kamrup (Metro), Guwahati.

3) As an informant the opposite party No. 2, wife of Dr. Rajiv T.P., on 27.06.2012 lodged an FIR before the Officer-in-Charge of the All Women Police Station, Guwahati requesting the authority to register a criminal case against her husband said Dr. Rajiv T.P. under Sections 494/326/420/468 IPC, for bigamy and for causing injury to her, her widowed mother and their daughter, which was accordingly registered as All Women P.S. Case No. 70/2012, corresponding to G.R. Case No. 6951/2012.

4) After completion of the investigation the Officer-in-Charge of said police station on 28.02.2013 submitted the Charge-Sheet vide No. 7/2013 in said All Women P.S. Case No. 70/2012 (corresponding to G.R. Case No. 6951/2012), against the accused Rajiv T.P., wherein, it is stated that sufficient evidence were found for committing offence by him under Sections 498-A/325/417/497 IPC and with regard to the present accused petitioner. It is stated in the said Charge-Sheet that materials have been found regarding her involvement for the offence under Section 417 IPC.

5) On receipt of the said Charge-Sheet, after perusal of the same, the Chief Judicial Magistrate, Kamrup (Metro), Guwahati, by his order dated 09.07.2013 passed in said G.R. Case No. 6951/2012 (arising out of said All Women P.S. Case No. 70/2012) took cognizance of the offences under Sections 498A/325/417/497 IPC against both of the accused persons of the case, including the present petitioner and Dr. Rajiv T.P. and by the said order dated 09.07.2013, the said CJM issued summons to both of them fixing 23.09.2013 for their appearance in the said G.R. Case and transferred the matter to the Court of the learned Sub-Divisional Judicial Magistrate (Sadar) No. II, Kamrup (Metro), Guwahati for disposal of the same.

6) Being aggrieved with the same, the petitioner/the other accuse persons of said All Women P.S. Case No.70/2012 filed this criminal petition praying for setting aside and quashing the said Charge-Sheet No. 7/2013 dated 28.02.2013 in G.R. Case No. 6951/2012, arising out of All Women P.S. Case No. 70/2012 as well as the order dated 09.07.2013 passed in said G.R. Case No. 6951/2012 taking cognizance of the offences under Sections 498A/325/417/497 IPC against her and summons issued to her in the said GR Case. 

7)      Considered the submissions of the parties.

8)      From the FIR of said All Women P.S. Case No.70/2012, it is seen that the

informant Opposite Party No. 2 did not raise any allegation except making a statement that the accused petitioner is threatening her to give divorce to her husband accused Dr. Rajiv T.P. and the FIR of the case, excepting the same, did not contain any other allegation, including the allegation under Section 417 of the IPC, which relates to punishment for cheating. The ingredients of Section 417 IPC are that :-

(i) The accused voluntarily or dishonestly induced the complainant,
(ii) The accused did so for delivery of some property either to the accused or some other person,
(iii) The accused intentionally induced the complainant to do a thing which the complainant would not do or omit to do-a thing which the complainant would have done if not induced,
(iv) Such act cause was likely to cause some damage or harm to the complainant's body, mind, reputation or property.
9) Further from the FIR lodged by the informant/opposite party No. 2 on 27.06.2012 as well as the Charge-Sheet filed in the case, it can be seen that both the FIR and the Charge-Sheet do not reflect any substantive materials regarding commission of any offence by the accused petitioner under Section 417 IPC.

Moreover, it is also seen that neither in the FIR nor in the Charge-Sheet of the case, there is any allegation against the petitioner herein regarding her involvement to the allegation under Section 325 IPC, which relates to punishment for voluntarily causing grievous hurt as well as the Section under Section 498-A IPC of subjecting cruelty by the accused petitioner on the informant/opposite party No. 2. With regard to Section 497 IPC, the same relates to adultery and it is settled that only a man can be punished for the offence of adultery. Section 497 IPC expressly provides that wife cannot be punished under this Section even as an abettor.

10) From the above it is observed that while taking cognizance of the offences by his order dated 09.07.2013 passed in said G.R. Case No. 6951/2012, the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati did not apply his judicious mind and issued summons to the petitioner mechanically. Moreover, there are no such materials in the Charge-Sheet for commission of any such offences by the accused petitioner under Section 417 IPC nor there is any allegation against her by the informant opposite party No. 2 for commission of such offences by the said petitioner.

11) For the reasons above, the Court is of the view that if the proceeding of said G.R. Case No. 6951/2012 arising out of All Women P.S. Case No. 70/2012 against the petitioner under Sections 498A/325/417/497 IPC on the basis of the said Charge-Sheet No. 07/2012 dated 28.02.2013, which is presently pending before the learned Sub-Divisional Judicial Magistrate No. II, Kamrup (M), Guwahati if allowed to continue, it would be an abuse of the process of the Court. As such, for the ends of justice, in exercise of the power under Section 482 Cr.P.C., the proceeding of said G.R. Case No.6951/2012 against the petitioner, including the Charge-Sheet No. 07/2012 dated 28.02.2013 filed in the said GR Case as well as the order dated 09.07.2013 passed in said G.R. Case No. 6951/2012 taking cognizance of the offences under Sections 498A/325/417/497 IPC against the petitioner are hereby set aside and quashed. 

12)    This criminal petition is accordingly allowed.
 13)    The interim order passed earlier in this case on 15.06.2015 with regard to
the petitioner stands merged with this order.

14)    Registry shall return the LCR along with a copy of this order to the Court of

learned Sub-Divisional Judicial Magistrate (Sadar) No. II, Kamrup (Metro), Guwahati.

JUDGE Pratibha