Gauhati High Court
Ashok Kr. Das vs The State Of Assam And 3 Ors on 21 May, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/3
GAHC010044792018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 182/2018
1:ASHOK KR. DAS
S/O LT. AKASH CH. DAS
R/O TILAK CHAND ROAD,
P.O. AND DIST. KARIMGANJ
PIN - 788710.
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY PUBLIC PROSECUTOR, ASSAM
2:MS. BARNALI CHAKRABORTY
D/O MOHANLAL CHAKRABORTY
R/O BONOMALI ROAD
KARIMGNAJ
PIN - 788710
3:MS. TANISHA ROY
D/O PUTUL ROY
R/O BRAJENDRA ROAD
KARIMGNAJ
PIN - 788710
4:MS. RAJASHRI ROY
D/O RANJU ROY
R/O BIPIN PAL ROAD
KARIMGANJ
PIN-78871
Advocate for the Petitioner : MR. A K SARMA
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 21-05-2019 This is a petition under Section 482 of the Cr.P.C. seeking quashment of the FIR, dated 07-09-2017, in Karimganj Police Station Case No. 831/2017, registered under Sections 352/354(B) of the IPC, read with Sections 67/67(A) of the IT Act. I have perused the petition as well as the annexures furnished thereto including the additional affidavit filed by the petitioner.
I have also heard Mr. A Sarma, learned counsel appearing for the accused-petitioner and Mr. BB Gogoi, learned Additional Public Prosecutor, for the State respondent No. 1. Also heard Mr. S Das, learned counsel for the respondent Nos. 2, 3 and 4.
The accusation made in the FIR against the accused-petitioner, who is the Principal of Rabindra Sadan Girls College, Karimganj, is that he had applied force to the informant and some other students of the said College while they went to his chamber enquiring about the missing attendance of some of the students before the election of the students union of the College. He is alleged to have pushed away some of the students by touching their bodies. I have also perused three statements of the witnesses recorded under Section 164 of the Cr.P.C. as made available with the petition. Similar allegation has been made in the statements also. However, the situation under which the offences alleged to have been committed and in the absence of any specific evidence of outraging the modesty of the alleged victim girls, only on the allegation of touching their hands and shoulders, an offence under Section 354 of the IPC cannot be made out, but, registration of the case under Section 352 of the IPC does not appear to be incorrect. However, this view is tentative and for the purpose of this petition only.
Such being the materials, indicated above, this Court is of the view that this is not a fit case for quashment of the FIR as well as aforesaid police case. However, in the event the investigation results in laying of the charge-sheet against the accused-petitioner, the learned Court below shall consider the charges against him and the observation made in this order Page No.# 3/3 shall also be taken into consideration.
The learned counsel for the accused-petitioner has submitted that the case diary in the case has been called for, which is not received.
In the considered view of this Court, on going through the materials including the statements recorded under Section 164 of the Cr.P.C., this Court is of the view that the materials available on record are sufficient to decide the issue, and the case diary, even if, received would not have materially affect the above decision of this Court.
With the above observations and directions, this petition stands disposed of.
JUDGE Comparing Assistant