Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 28 August, 2023
Page No.# 1/3
GAHC010189292023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./890/2023
MINU BORA
W/O LATE BOLIN BORA
R/O GOHAITEKELIAGAON,
P.S. AND DIST. JORHAT, ASSAM
2: SRI TRIDIP BORA@ TRIDEEB BORA
S/O LATE BOLIN BORA
R/O GOHAITEKELIAGAON
P.S. AND DIST. JORHAT
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:RAJIB DAS
S/O TULSHI DAS
THE THEN SI OF JORHAT POLICE STATION
P.S. AND DIST. JORHAT
ASSAM
PIN-78500
Advocate for the Petitioner : MR K K BHATTACHARYYA
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 28.08.2023 Heard Mr. D. Talukdar, learned counsel for the petitioner and also heard Ms. S. H. Bora, learned Addl. P.P. for the State respondent. In this petition, under Section 482/397/401 Cr.P.C, the two petitioners, namely,1. Smt. Minu Bora and 2.Sri Tridip Bora @ Trideeb Bora have prayed for quashing of proceeding of PRC Case No. 494/2021, under Section 188/420 IPC read with Section 53(1)(a) of Assam Excise Act pending in the Court of learned Judicial Magistrate, First Class, Jorhat.
It is to be noted herein that the aforementioned case has been registered on the basis of an FIR lodged by one Rajib Das of Jorhat Police Station on 30.4.2021 and after completion of investigation Charge Sheet No.293/2021 was filed against both the petitioners to stand trial u/s 188/420 read with Section 53(1)(a) of Assam Excise Act.
Mr. Talukdar, learned counsel for the petitioner, referring to 69 of the Assam Excise Act submits that no Magistrate can take cognizance of an offence u/s 53(1)(a) of Assam Excise Act except on his own knowledge for suspicion or on the complaint or report of an Excise Officer. And since herein the case the aforementioned charge sheet was submitted pursuant to one FIR lodged by one police officer, the learned Court below cannot take cognizance of the offence u/s 53(1) (a) against the present petitioners and that the offence u/s 188 and 420 IPC are not attracted herein this case. Therefore, it is contended to allow this petition.
The submission of Mr. Talukdar is not controverted by Ms. S.H. Bora, the learned Page No.# 3/3 Addl. P.P. Having heard the submission of both the Advocates sides , it is provided that notice be issued to the respondents returnable in four weeks. No formal notice is required to be issued to respondent Nos. 1 and 2 since Ms S.H.Bora, learned Addl. P.P. appeared and accepted notice on behalf of both. However, extra requisite copy of the petition be furnished to her during the course of the day.
Let the scanned copy of the record be called for from the learned Court below. Till returnable date, further proceeding of the PRC Case No. 494/2021 u/s 188/420 pending before the learned Court below shall stand stayed. List the matter after four weeks.
JUDGE Comparing Assistant