JUDGMENT :

Heard Mr. Z. Kamar, learned Senior counsel assisted by Mr. N. H. Laskar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. PP for the State of Assam and Mr. D. Chakraborty, learned counsel for the respondent No. 2/informant.

2. This is an application under Section 482 Cr.P.C. for quashing of the FIR of Silchar P.S. Case No. 3238/2021 registered under Sections 147/302/427 IPC (corresponding to G. R. Case No.5319/2021).

3. The brief facts of the case is that on 25.09.2021, one Dalim Hussain Majumdar, informant of this case, lodged one F.I.R. before the Officer-in-Charge of Silchar P.S. alleging interalia that his elder brother-Jasim Uddin Majumdar @ Bulbul Majumdar (deceased), who was having a shop-room at Sonabarighat Bazar, the accused along with other 20/25 persons came to his said shop-room and started demolishing the shop-room and the Mobile tower, situated attached to the shop, at around 5.30 am. When the deceased rushed to the place of occurrence, whereupon the accused persons assaulted him severely. On receipt of the information, the informant, along with some others, went to the place of occurrence and found his brother (deceased) in injured condition and somehow they recovered the brother (deceased) from the clutches of the accused and on being asked, he stated that the accused No. 1, i.e. the present petitioner, assaulted him on his chest. As his physical condition was very critical, he was immediately taken to Silchar Medical College and Hospital (SMCH) but the Doctor of SMCH declared him dead and accordingly, the FIR was lodged against the accused persons.

4. The petitioner made an enquiry in the SMCH regarding the cause of the death of deceased-Jashim Uddin Mazumder @ Bulbul Mazumder and accordingly found that the type of patient was registered as NON MLC, which infers that there was no cause of injury or ailment which requires the investigation by law enforcing agencies. After treatment at SMCH, he was brought back to his own house and after some time he died in his own house out of diarrhea, diabetes and chronic disease. There was no registration in the Ghungur Police out post which is adjacent to SMCH when the injured was brought to the Hospital for treatment. Thus, the F.I.R. is lodged against the accused persons with some false and concocted story only to harass the petitioner, though the death of the deceased was due to diarrhea and other diseases. Further, the mother of the petitioner filed an R.T.I. Application on 27.12.2021 before the Public Information Officer of SMCH seeking the report for cause of death of the deceased, wherefrom it reveals that the victim was declared dead from the Doctor of SMCH on 25.09.2021. It was also revealed from the report that there was no entry in the MLC Register Book nor there was any entry in the NON MLC of the concerned Department of SMCH. When any injured patient is admitted in any Medical College, it is genuinely informed in the Police Station for G.D. Entry etc. But, here in this case, the brother of the informant (deceased) was admitted in the hospital as NON MLC patient. However, as per the statement made in the F.I.R., the accused No. 1/ the petitioner assaulted the deceased on his chest and he sustained grievous injury and he was declared dead by the Hospital Authority of SMCH. But the Death Certificate was issued by Sonabarighat Subsidiary Health Centre, and when the deceased was declared dead at SMCH, then whether the Sonbarighat (S.H.C.) has any authority to issue Death Certificate of the said person. Thus, entire F.I.R. is projecting a false and manipulated F.I.R. which needs to be set aside and quashed.

5. Further, it is stated in the F.I.R. that there were about 20/25 members of person who demolished the Mobile Tower on the day of the alleged incident, i.e. on 25.09.2021, but no such F.I.R. was lodged by the authority of the Mobile Tower Company and except the petitioner, no other persons are named in the F.I.R., nor any on