Point of Law: It cannot be said that there is no material in charge sheet against petitioners and facts, at this stage, are hazy and are also disputed.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. S. Alom, learned counsel for the petitioners. Also heard Ms. S. Jahan, learned Addl. P.P. Assam for the State/respondent.

2. This petition, under Section 482, read with Section 401 of the Cr.P.C. is preferred by the two petitioners, namely, Afser Khan and Nur Mahammad for quashing of the charge sheet, submitted by the I.O. in connection with the Baghbar P.S. Case No. 255/2014, under Section 489(A)/489(C)/34 of the IPC, wherein the petitioners were declared absconders and also for quashing the criminal proceeding pending before the learned Addl. CJM, Barpeta, in PRC Case No. 355/2022 (G.R. No. 4340/2014) and allowing the petitioners to go on bail.

3. The factual background leading to filing of the present petition may be briefly stated as under:

“On 03.07.2014, ASI Surujul Hoque of Mandia Out Post, lodged an FIR with the Mandia Out Post alleging, inter-alia, amongst others that they came to know that one Aminul Islam of village Satrakonora, under Baghbar Police Station, has been running a racket of fake currency notes in last few days and on 03.07.2014, he was coming to Mandia Bazar for the said business transaction in a motorcycle bearing Regn. No. AS-15D-9463 and while he was asked to stop, he tried to fled away but, the police party arrested him and on being searched, three numbers of fake currency notes of Rs. 500/- denomination, was found in his money bag, and seized the same in presence of witnesses and during interrogation, he reveals that one Manik Ali of Satbhita village sent him to show the fake currency notes to the customers and fake currency notes of Rs. 5 lacs, is available with Manik Ali and in the said business, his elder brother Anowar Hussain and others persons of Kalgachia and Baghbar are also involved.”

4. Upon the said FIR, the officer-in-charge of the Baghbar Police Station, registered a case, being Baghbar P.S. Case No. 255/2014, under Section 489(A)/489(C)/34 of the IPC and investigation was carrying out and after completion of the investigation, the I.O. laid the charge sheet against the present petitioners along with one Aminul Islam and Manik Ali to stand the trial in the Court, under Section 489(A)/489(C)/34 of the IPC, in the Court of learned CJM, Barpeta.

5. Upon the said charge sheet, the learned Court below has taken cognizance against the present petitioners and against Aminul Islam and Manik Ali and issued process to them to appear before the Court to stand trial.

6. Being highly aggrieved, the petitioners approached this Court by filing the present petition, for quashing the charge sheet of Baghbar P.S. Case No. 255/2014, under Section 489(A)/489(C)/34 of the IPC and also to quash the criminal proceeding, pending before the learned Addl. CJM, Barpeta and for enlarging them on bail, inter alia on the following grounds, amongst others:

(i) That, the I.O. has declared the petitioners as absconder, and there is no legal provision for declaring the accused as absconders by the I.O.

(ii) That, the I.O. is bound to maintain entries in the case diary as to how many times he made efforts to arrest the accused persons and without maintaining such record, the I.O. shown the petitioners as absconders in the charge-sheet.

(iii) That, the name of the petitioners find no mention in the FIR and the role applied by them in committing the offence also not been reflected in the charge sheet, by the I.O.

(iv) That, the charge-sheet is bad in the eye of law, as it is apparent that without making proper investigation, the I.O. has illegally submitted the charge sheet, declaring the petitioners as absconders, which is not tenable in the eye of law.

(v) That, there is no implication of the petitioners by any of the witness and also by co-accused in respect of involvement of the present petitioners, with the offences alleged in the FIR.

(vi) That, the I.O. has issued notice under Section 41(A) of the Cr.P.C. directing the petitioners to appear before him on 08.03.2022, at 10:00 A.M. at Baghb