JUDGMENT :

Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

2. In this petition, under Section 482 of the Code of Criminal Procedure, 1973, the petitioner, namely, Sri Bharat Ch. Haloi has put to challenge the order dated 24.05.2019, passed by the learned Addl. Sessions Judge, Bajalil, in Sessions Case No.43/2018. It is to be noted here that vide the impugned order dated 24.05.2019, the learned Court below has invoked the jurisdiction under Section 319 of the CrPC and taken cognizance of the offence under Sections 489-B/489-C/34 of the IPC, against petitioner Bharat Ch. Haloi in Sessions Case No.43/2018.

3. The factual background of filing of the present petition is briefly stated as under:

“In connection with the GDE No.165, dated 08.07.2016, ASI Pabitra Kumar Kalita of Bhabanipur Police Out Post, along with staff, on 08.07.2016, at about 12:30 P.M., visited Kahara Village and found three boys and two girls, namely, (1) Chandan Kumar Haloi, (2) Rabi Sarma, (3) Dhanjit Barman, (4) Ms. Dolly Gogoi and (5) Ms. Shikha Sarma, being detained by the villagers of Kahara Village with one vehicle bearing Regn. No.AS-01-BT-8292, while they were circulating fake Indian currency note within that locality among the public and shopkeepers and he also recovered 260 numbers of fake Indian currency note of Rs.50/- denomination and also recovered one identity card, one laptop and one Nokia Mobile Handset and 28 numbers of compact disc from the possession of accused Chandan Kumar Haloi and seized the same in presence of the witnesses.”

4. During interrogation, the aforementioned boys and girls disclosed that they were circulating the fake Indian currency notes as genuine within the locality of Kahara area. Then he lodged one FIR with the Officer-in-Charge of Barpeta Police Station, through the In-Charge of Bhabanipur Police Out Post on the same day, on the receipt of which the Barpeta P.S. Case No.1391/2016, under Sections 120(B)/489-B/489-C of the IPC has been registered and entrusted SI Abhijit Kr. Baruah, In-Charge of Bhabanipur Police Out Post to investigate the same.

5. Thereafter, the investigating officer had visited the place of occurrence, examined the witnesses, arrested the accused and forwarded them to the Court and also got the seized notes examined in the FSL and collected the FSL report and after completion of investigation, the investigating officer laid charge sheet against the aforementioned accused persons to stand the trial in the Court, under Sections 120(B)/489-B/489-C of the IPC.

6. Thereafter, the learned Court below has taken cognizance of the offence under Sections 489-B/489-C/34 of the IPC, against the aforementioned accused persons and after hearing both the parties, framed charges against them under the aforesaid Sections of law to which the accused persons pleaded not guilty. Thereafter the prosecution side has examined as many as seven witnesses and vide the impugned order dated 24.05.2019, the learned Court below has invoked the jurisdiction under Section 319 of the CrPC, against the present petitioner Bharat Ch. Haloi who is the owner of the vehicle bearing Regn. No.AS-01-BT-8292.

7. Being highly aggrieved, the petitioner approached this Court by filing the present petition on the ground:

(a) that even if the facts disclosed in the first information report is accepted at its face values, yet no case against the petitioner is made out and as such, the impugned order dated 24.05.2019, passed in Sessions Case No.43/2018, is liable to be set aside.

(b) that the learned Court below has overlooked the fact that the petitioner was not there at the place of occurrence and none of the witnesses examined by the prosecution till date of taking cognizance against him, has made any statement incriminating him.

(c) that the learned Court below has failed to appreciate the fact that evidence, which was brought before the learned C