Kabir Ahmed and 4 Ors v. The State of Ap

Page No.# 1/4 GAHC040015852023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Crl.Petn./214/2023 Kabir Ahmed and 4 Ors. S/o Subur Ahmed, Presently residing at Niti vihar, Itanagar, PO and PS Itanagar, District Papum Pare, Arunachal Pradesh. 2: Shri Milan Rai Age: Occupation :

3: Shri Prakash Rai Age: Occupation :

4: Shri Naken Jillen Age: Occupation :

5: Shri Subas Rai Age: Occupation VERSUS THE STATE OF AP represented by the Public Prosecutor, Arunachal Pradesh Gauhati High Court Itanagar Permanent Bench, Naharlagun.

Advocate for the Petitioner : L Kagung Advocate for the Respondent : P P of AP

Page No.# 2/4 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R

05.03.2024

Heard the learned counsel Mr. A. Bhattacharjee appearing for the petitioners. Also heard Mr. G. Tado, the learned Addl. Public Prosecutor representing the State of Arunachal Pradesh.

¶2This is a joint application under Section 482 of the CrPC praying for quashing and setting aside the criminal proceeding of G.R. Case No.08/2018 in respect of the FIR No.05/2018 under Sections 448/392 and 201 of the Indian Penal Code.

¶3The petitioner Kabir Ahmed had lodged an FIR before police alleging that on the day of occurrence, the other petitioners in this case beat him and snatched away three numbers of mobile phones from him and colleagues. They also took away a sum of ₹40,000/-.

¶4Today, Kabir Ahmed and other petitioners have jointly filed this application under Section 482 of the CrPC praying for quashing the entire criminal proceedings.

¶5I have considered the submissions made by the learned counsels of both sides.

¶6The guidelines for quashing of the criminal proceeding has been laid down by the Hon'ble Supreme Court in State of Haryana and Ors. Page No.# 3/4 -versus-Bhajanlal and Ors., reported in AIR 1992 SC 604. Paragraph 102 of the said judgment is quoted hereunder: "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 channelized 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 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 Page No.# 4/4 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."

¶7In Bhajanlal (supra), the Supreme Court has cautioned that the power under Section 482 of the CrPC is to be sparingly used by the High Courts. The power under Section 482 of the CrPC is meant to prevent abuse of the process of the court.

¶8Coming back to the case in hand and after thorough reading of the FIR itself, I am of the considered opinion that under the given facts and circumstances of the case, there is no possibility of conviction in this case. I am also of the considered opinion that allowing the criminal proceeding to continue before the learned trial court, would be nothing but an abuse of the process of the court. Thus, I find it is a fit case for exercising power under Section 482 of the CrPC.

¶9Accordingly, the criminal proceeding of G.R. Case No.08/2018 in respect of the FIR No.05/2018 under Sections 448/392 and 201 of the Indian Penal Code, is set quashed and aside. The Criminal Petition stands disposed of accordingly.

JUDGE Comparing Assistant