Anjana Medhi v. The State of Assam and Anr

Page No.# 1/3 GAHC010085952024

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./510/2024 ANJANA MEDHI D/O SRI GIRISH MEDHI R/O 101, NEAR MP ACADEMY KERAKUCHI, P.S. HATIGAON GUWAHATI, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:WSI M. THADOI SINGHA W/O ACHYUT NATH ALL WOMEN POLICE STATION

PANBAZAR GUWAHATI-781001 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : PETITIONER IN PERSON Advocate for the Respondent : PP, ASSAM

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

20.06.2024 Heard Ms. A. Medhi, the petitioner-in-person. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam. Page No.# 2/3

¶2This is an application under Section 482 of the CrPC praying for quashing the criminal proceedings of PRC No.822/2024 arising out of All Women P.S. Case No.03/2024 under Sections 294/506 and 352 of the Indian Penal Code.

¶3Two young lawyers had some arguments on professional issues. The informant has alleged that the other lawyer had thrown a hot cup of tea on her face.

¶4After receiving the FIR filed by the informant/petitioner-in-person, police investigated the case and filed charge sheet against the informant/present petitioner-in-person under Section 160 of the Indian Penal Code.

¶5Mr. Sarma, the learned Addl. Public Prosecutor has objected to the prayer made by Ms. Medhi (petitioner-in-person).

¶6I have considered the submissions made by the leaned counsel of both sides.

¶7The guidelines for consideration of a petition under Section 482 of the CrPC has been laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads as under: "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against Page No.# 3/3 the accused.

(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

¶8Coming back to the case in hand, I find that even if the contents of the FIR are accepted, then, also, I do not find any prima facie case under Section 160 of the IPC against the petitioner-in-person. The incident took place within the Court and Bar premises. Such an incident does not disturb public peace. Thus, this is a fit case for exercising power under Section 482 of the CrPC.

¶9Accordingly, the criminal petition is allowed.

¶10The PRC No.822/2024 arising out of All Women P.S. Case No.03/2024 under Sections 294/506 and 352 of the Indian Penal Code, is quashed and set aside. The petition is disposed of.

JUDGE Comparing Assistant