Mirandad Rahman v. The State of Assam and Anr

ORDER

03.05.2024

¶1Heard Mr. A. K. Gupta, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶2The present application is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the PRC Case No. 165/2023 arising out of the Sivasagar P.S. Case No. 1014/2021 under Section 420/468 of IPC.

¶3The background fact of this case is that an FIR was lodged by the Head Assistant of District & Sessions Judge, Sivasagar inter alia alleging that two persons namely Mr. Sahil Ali and Mr. Afjul Hussain handed over two numbers of fake appointment letters to the informant. On the basis of such FIR, Sivasagar P.S. Case No. 1014/2021 under Section 420/468 of IPC dated 19.08.2021 was registered and subsequently, after completion of investigation, charge-sheet was filed sending the present petitioner as accused for trial and it was registered as PRC Case No. 165/2023.

¶4In the meantime, another F.I.R. was lodged by the mother of one of the victim in whose name, the fake appointment letter was issued against the present petitioner alleging that by taking money, he has issued the aforesaid letter. Accordingly, another case being Simaluguri P.S. Case No. 107/2021 under Section 420/468 of IPC was registered. The aforesaid case was also ended in charge-sheet and the accused was sent for trial and it was registered as PRC Case No. 95/2022.

¶5The grievance of the petitioner is that two proceedings cannot simultaneously run on the basis of same allegation. Page No.# 3/3

¶6It is clear from the aforesaid that one FIR was lodged by the victim under whose name, the fake appointment letter was issued and alleged forgery was committed. The other FIR was lodged by another victim who was allegedly cheated by using the forged/fake document/appointment letter. Therefore, in the given facts, there shall be no bar in registering two cases and prosecuting the accused for the aforesaid two cases. However, it is also well settled that in such a situation, both the cases should be tried analogously by the same Magistrate.

¶7In view of the aforesaid, the present criminal petition is not entertained. The learned Chief Judicial Magistrate, Sivasagar shall do the needful so that, both the cases can be tried analogously by the same Magistrate.

¶8Accordingly, the present criminal petition stands closed.

¶9At this stage, Mr. Gupta, learned counsel for the petitioner submits that already a NBWA has already been issued against the petitioner in PRC Case No. 165/2023 arising out of the Sivasagar P.S. Case No. 1014/2021 under Section 420/468 of IPC.

¶10The petitioner shall be at liberty to file an application before the learned Magistrate for recalling of such NBWA and if such application is filed, the learned Magistrate may consider the same in accordance with law.

¶11A copy of the order be transmitted to the learned Chief Judicial Magistrate, Sivasagar. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010087952024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./508/2024 MIRANDAD RAHMAN S/O LATE MUKUT RAHMAN R/O NA-ATI, NAZIRA, P.O. AN DP.S. NAZIRA, DIST. SIVASAGAR, ASSAM, PIN- 785684 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMT. SMRITY REKHA SINHA HEAD ASSISTANT OFFICE OF THE DISTRICT AND SESSIONS JUDGE SIVASAGAR P.O. P.S. AND DIST. SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR. A K GUPTA Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY