Gauhati High Court
Page No.# 1/3 vs The State Of Assam And Anr on 11 October, 2023
Page No.# 1/3
GAHC010075802023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./339/2023
TERISA HOJAI AND ANR
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
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:DR PRODOSH KIRAN NATH
REGISTRAR
ASSAM UNIVERSITY
SILCHAR
DIST. CACHAR
ASSA
Advocate for the Petitioner : MR B KAUSHIK
Advocate for the Respondent : PP, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 11.10.2023 Heard Ms. A M Dcosta, learned counsel for the petitioner and Ms. S H Bora, learned Addl. PP, appearing for the State respondent.
This is an application under section 482 of the Code of Criminal Procedure, 1973 praying for setting aside and quashing the FIR dated 14.01.2023 which is registered as Dwarbond Police Station Case No.12/2023 under sections 177/211/354/509 IPC.
As per the Office Note dated 09.10.2023 service report in respect of respondent No.2 is awaited.
Ms. Dcosta, the learned counsel for the petitioner prays for an interim protection in this regard.
From a bare perusal of the FIR it is seen that the allegation is very vague and to the following extent:
I. The present petitioners have raised some unfound allegation against one Dr. Ajita Tiwari, Head of the Department in-charge, Department of Agricultural Engineering, Assam University, Silchar and said Dr. Ajita Tiwari is not an informant of the case. II. It is also alleged that the petitioners have sent some mails to the registered Vice Chancellor and to the Ministry and allegation is that such action has been taken by the accused to injure and harass a lady faculty and also to Page No.# 3/3 tarnish the image of the University.
Perused the FIR and the statement of the informant. From a perusal of the FIR as well as the case diary, this court is of the view that no prima facie case cognizable under law is made out.
Considering the same, it is provided that until further order, the investigation of Dwarbond PS Case No.12/2023 under sections 177/211/354/509 IPC is stayed.
List the matter on 09.11.2023.
JUDGE Comparing Assistant