Rajibul Haque v. The State of Assam and Anr

ORDER Date : 27-05-2024

Heard Mr. M.U. Mahmud, learned counsel for the petitioner Rajibul Haque.

¶2The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with a prayer for quashing and setting aside the order dated 15.05.2023 and other relevant orders and with a prayer to quash the FIR and the charge sheet against the petitioner in connection with POCSO Case No. 05/2023 arising out of Dokmoka Police Station Case No. 14/2022 registered under Sections 370/34 of the Indian Penal Code, 1860 (IPC for short) read with Section 6 of the Protection of Children from Sexual Offences Act (the POCSO Act for short), 2012.

¶3The petitioner has also filed an additional affidavit with a prayer to recall the NBWA issued against the petitioner vide order dated 15.05.2023 and subsequent orders in connection with the aforementioned case.

¶4Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent State and Ms. T. Borpujari, learned counsel for the respondent No.

2.

¶5It is submitted on behalf of the petitioner that the petitioner is willing to cooperate with the trial. The petitioner is apprehending arrest as NBWA has been issued against him. The allegation that the petitioner committed an offence of sexual assault is absolutely false and if given an opportunity the petitioner will present his case to prove that the allegations against him are absolutely false. The allegation that the co-accused is guilty of abetment of the Page No.# 3/3 alleged offence is also absolutely false. The petitioner has submitted that the Annexure-5 is a Deed of Compromise executed between the petitioner's father and the father of the victim, which clearly reflects that this case arose due to a misunderstanding between the parties.

¶6I have considered the submission that the petitioner is willing to cooperate with the trial. I have taken a pragmatic view.

¶7In view of my foregoing discussions, the NBWA issued against the petitioner vide order dated 15.05.2023 and the subsequent orders be kept in abeyance for 15 (Fifteen) days. Meanwhile, the petitioner is directed to appear before the learned Trial Court and cooperate with the trial. No coercive action to be taken till then.

¶8In the above terms and observations this Criminal Petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010008592024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./33/2024 RAJIBUL HAQUE S/O- TALEBAR RAHMAN, VILLAGE - DONGRA, P.O- DHAKUA, P.S AND DIST- BARPETA, ASSAM, PIN-781309 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MONIRAM RANGHANG S/O- BARIM RONGHANG A R/O- VILLAGE SAR EK TERON GAON P.O- MAHAMAYA BAL GAON P.S- DOKMOKA DIST- KARBI ANGLONG ASSAM PIN-78244 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND