Jitumoni Deka v. Chitra Bordoloi and 2 Ors

O R D E R

20.09.2023 Heard Mr. B Phukan, learned counsel for the petitioner and Mr. M Dutta, learned counsel for the respondent No. 1.

¶2The present application is filed under Section 482 of the Cr.P.C. for Page No.# 3/4 quashing the FIR dated 30.08.2013 and charge-sheet No. 1193/2019 under Section 366/381 IPC registered as Nagaon Sadar PS case No. 2499/2019 and the connected IA is filed for setting aside the P&A dated 16.03.2022 as well as all NBWA issued against the applicant in connection with PRC case No. 242/2020.

¶3From the FIR, it is revealed that the victim is the wife of the respondent No. 1 and according to the respondent No. 1, at the instigation of the present petitioner, one Bikash Mazumdar lured his wife and took away her. Subsequently, they were found in Lanka Police Station and accordingly, she was recovered and FIR was lodged.

¶4On the basis of the said FIR, said Bikash Mazumdar was arrested and subsequently, released on bail. However, though the present petitioner was also at the police station, he was not arrested.

¶5In the meantime, the learned counsel for the respondent submits that victim lady/ his wife has already left him and married somebody else leaving the child with him. So he is having no objection in quashing the present FIR.

¶6This court has called for the scanned copies of the record of the case. This court perused the statement of the victim recorded under Section 164 Cr.P.C. wherein the victim has implicated Bikash Mazumdar and the present petitioner too. Therefore, in view of such implication, this court is not inclined either to quash the FIR or the charge-sheet. However, as the charge-sheet has already been laid and nature of allegation against the present petitioner is not so serious, it is provided that the petitioner shall appear before the learned committal court and apply for regular bail and on appearance, the learned committal court shall consider his case for bail in the totality of the matter and in the peculiar circumstances of the present case inasmuch as in the considered opinion of this court, at this stage no fruitful purpose will be served if the petitioner is not granted bail. Page No.# 4/4

¶7While considering the case the learned committal court shall also consider the settled propositions of law enunciated in the case of Satender Kumar Antil vs. Central Bureau of Investigation reported in (2021) 10 SCC 773.

¶8In view of the peculiar facts and circumstances and nature of involvement of the present petitioner and the determination made hereinabove, the NBWA issued against the present petitioner is hereby set aside and quashed.

¶9Accordingly, both the Criminal Petition and IA stand disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010178952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooCrl.Pet./458/2020 JITUMONIoDEKA S/OoSRIoCHANDRAoDEKA oR/OoBORKOLA oMOUZA-PAKHIMORIA oP.S.-SADAR oDIST-NAGAON oASSAM oPIN- oVERSUS CHITRAoBORDOLOIoANDo2oORS. S/OoSRIoASHOKoBORDOLOI oR/OoBORKOLA oMOUZA-PAKHIMORIA oP.S.-SADAR oDIST-NAGAON oASSAM 2:MAMONIoBORDOLOI W/OoCHITRAoBORDOLOI oR/OoBORKOLA oMOUZA-PAKHIMORIA oP.S.-SADAR oDIST-NAGAON oASSAM o3:THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM o------------ oAdvocateoforo:oMRoAoSHARMA Page No.# 2/4 Advocate for : PP ASSAM (R3) appearing for CHITRA BORDOLOI AND 2 ORS. LINK CASE I.A.(Crl.)/806/2023 JITUMONI DEKA, S/O SRI CHANDRA DEKA, R/O BORKOLA, MOUZA- PAKHIMORIA, P.S.-SADAR, DIST-NAGAON, ASSAM. VERSUS CHITRA BORDOLOI AND 2 ORS. S/O SRI ASHOK BORDOLOI, R/O BORKOLA, MOUZA- PAKHIMORIA, P.S.-SADAR, DIST-NAGAON, ASSAM 2:MAMONI BORDOLOI W/O CHITRA BORDOLOI R/O BORKOLA MOUZA-PAKHIMORIA P.S.-SADAR DIST-NAGAON ASSAM 3:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA Advocate for the Petitioner : MR. B PHUKAN Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY