Gauhati High Court
Dulal Bora vs The State Of Assam And Anr on 19 September, 2023
Page No.# 1/4
GAHC010210202023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1008/2023
DULAL BORA
S/O LATE DEBEN BORA
AN ORIGINAL INHABITANT OF TEKELABARUAH GAON, P.S. DERGAON,
DIST. GOLAGHAT, ASSAM, AND PRESENTLY RESIDING AT HOUSE NO. 118,
RAJIB GANDHI PATH,
KOINADHORA, P.O. KHANAPARA, GUWAHATI, DIST. KAMRUP (M), ASSAM,
PIN-781022
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SHRI PALASHJYOTI DUTTA
S/O LATE SOMNATH DUTTA
THE THEN PRINCIPAL
MISSAMORA HIGHER SECONDARY SCHOOL
P.O. MISSAMORA
P.S. DERGAON
DIST. GOLAGHAT
ASSAM
PIN-78561
Advocate for the Petitioner : MR. S N TAMULI
Advocate for the Respondent : PP, ASSAM
Page No.# 2/4
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
19.09.2023 Heard Mr. S. N. Tamuli, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Additional Public Prosecutor for the State respondent No. 1.
This is an application under Section 482 of the Code of Criminal Procedure, 1973, praying for quashing of the F.I.R., dated 15.05.2020, of Dergaon P.S. Case No. 80/2020, registered under Sections 120(B)/420/468/472 of the Indian Penal Code and the subsequent Charge-Sheet No. 222/2020, dated 30.09.2020, and also prayed for setting aside and quashing the order dated 10.06.2023, passed by the learned Judicial Magistrate First Class, Golaghat, District Golaghat, Assam, in P.R.C. Case No. 643/2022, whereby the prayer for discharge was rejected, and also prayed to set aside the order dated 28.07.2023, passed by the learned Judicial Magistrate First Class, Golaghat, District Golaghat, Assam, whereby the charges were framed against the present petitioner under Section 472 of the Indian Penal Code.
Issue notice to the respondents, returnable within 4 (four) weeks.
As Mr. B. Gogoi, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, issuance of formal notice to the said respondent is hereby dispensed with. However, he shall be provided with requisite extra-copy of the petition, if not already furnished, during the course of the day.
Page No.# 3/4 Learned counsel for the petitioner shall take steps for causing service of notice on respondent No. 2 by registered post with A/D as well as by usual process within a week from today.
Also call for the scanned copy of the record from the learned Court below.
Heard on the interim prayer.
It is submitted by the learned counsel for the petitioner that the original F.I.R. was lodged in Hatigaon Police Station against the present petitioner, which is registered as Hatigaon P.S. Case No. 905/2019. But the Principal, Missamora Higher Secondary School, after receiving a notice on 14.05.2023, issued under Section 91 Cr.P.C. by the Inspector Crime Branch, Guwahati, with the allegation that fake seal of the school was recovered along with the seals of the different schools from the residence of the present petitioner, the Principal, Missamora Higher Secondary School, lodged the F.I.R. against the present petitioner. Accordingly, the present petition has been filed for quashing and setting aside the criminal proceeding in P.R.C. Case No. 643/2022, pending before the learned Judicial Magistrate First Class. It is further submitted by the learned counsel for the petitioner that after receiving notice under Section 91 Cr.P.C. to different institutions, issued by the Crime Branch Police in connection with Hatigaon P.S. Case No. 905/2019, different F.I.Rs. have been lodged against the present petitioner and the cases are accordingly registered. Thus, excluding the Hatigaon P.S. Case No. 905/2019, there are 4 (four) other cases and out of which, 3 (three) cases are already been stayed by the co-ordinate Bench of this Court and accordingly, it is prayed that till returnable date, further proceeding of P.R.C. Case No. 643/2022 be stayed for the ends of justice. He further relied on Page No.# 4/4 a decision of Hon'ble Supreme Court reported in (2001) 6 SCC 181 [T.T. Antony Vs. State of Kerala].
In this context, the learned Additional Public Prosecutor, Mr. B. Gogoi, has submitted that all the F.I.Rs. have been instituted by different informants and hence, the subject matter of all the F.I.Rs. may not be similar. However, he submitted that if the original case of Hatigaon P.S. Case 905/2019 is pending for trial, he raised no objection in staying the proceeding of the present case till returnable date.
Considering the submissions made by the learned counsels for both sides and also considering all aspects of the case, for the ends of justice, further proceeding of P.R.C. Case No. 643/2022, pending before the Court of learned Judicial Magistrate First Class, Golaghat, District Golaghat, Assam, shall remain stayed till returnable date.
List the matter after 4 (four) weeks.
JUDGE Comparing Assistant