Gauhati High Court
Dr. Denthong Teron vs The State Of Assam And Anr on 11 September, 2023
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GAHC010198862023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./946/2023
DR. DENTHONG TERON
S/O LATE H.S. TERON
VILL- DOCORS COLONY, RONGKHELAN
P.O. AND P.S. DIPHU,
DIST. KARBI ANGLONG, ASSAM, PIN-782460
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SRI KANIA TOKBI
S/O BAKURAM TOKBI
R/O VILL- PINKHAT RONGPI
P.O. AMONIGAON
P.S. SAMELANGSO
DIST. KARBI ANGLONG
ASSAM, PIN-78248
Advocate for the Petitioner : MR. M SARANIA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
11.09.2023 Heard Mr. M. Sarania, learned counsel for the petitioner and also heard Mr. P. Page No.# 2/3 Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.
In this application, under Section 482 read with Section 397/401 of the Code of Criminal Procedure, the petitioner, namely, Dr. Denthong Teron has prayed for quashing and setting aside the impugned order dated 29.09.2022 passed by the learned Additional Chief Judicial Magistrate, Karbi Anglong, Diphu, in Samelangso P.S. Case No.01/2022 and also for quashing the C.R. Case No.29/2022. It is to be noted here that vide impugned order dated 29.09.2022, the learned Court below has taken cognizance of the offence under Section 177 IPC.
Mr. Sarania, learned counsel for the petitioner submits that the petitioner has been serving as a doctor in Diphu Medical College and Hospital and in connection with Samelangso P.S. Case No.01/2022 one accused was produced before him for examination and accordingly, he submitted a report. But the learned Court below has found that the report submitted by the petitioner is false in view of subsequent report submitted by Jail Doctor, Diphu and thereafter, taken cognizance against the petitioner for commission of offence under Section 177 of the IPC. Mr. Sarania further submits that the petitioner is a Government doctor and before taking cognizance against him, prosecution sanction is required and that a complaint ought to have been filed by the Court or any officers of the Court, and the same has not been lodged here in this case and without such complaint taking of cognizance under Section 177 IPC is illegal in view of Section 195 of the Cr.P.C. and therefore, Mr. Sarania contended to stay further proceeding pending before the Court of learned Additional Chief Judicial Magistrate, Karbi Anglong, Diphu against the present petitioner.
Whereas, Mr. Borthakur, learned Additional Public Prosecutor, submits that in view of the report submitted by the Jail Doctor, Diphu, the report submitted by the petitioner is false and as such, the learned Court below has rightly taken cognizance of the offence under Section 177 of the IPC against the petitioner.
Having heard the submission of learned Advocates of both sides, I have carefully Page No.# 3/3 gone through the petition and the documents placed on record and also perused the impugned order dated 29.09.2022, and also perused the relevant provisions of law under Section 177 IPC and also under Section 195 Cr.P.C.
Having heard the submission of learned Advocates of both sides and also considering the documents placed on record, it is provided that let notice be issued to the respondents, returnable within 4(four) weeks.
Steps be taken upon the respondent No.2 by registered post and also by usual process within a week from today.
No formal notice is required to be issued to respondent No.1 since Mr. P. Borthakur, learned Additional P.P. entered appearance and received notice. However, extra requisite copy of the petition be furnished to Mr. Borthakur during the course of the day.
Considering the submission of learned counsel of both the parties and also considering the facts and circumstances placed on record, prima facie materials found in favour of the petitioner and accordingly, further proceeding of C.R. Case No.29/2022 under Section 177 IPC and also the operation of the impugned order dated 29.09.2022 passed in Samelangso P.S. Case No.01/2022 corresponding to G.R. Case No.159/2022, stands stayed till the returnable date.
List the matter after 4(four) weeks.
Sd/- Robin Phukan JUDGE Comparing Assistant