Back
MITALI THAKURIA
Mehbub Rahman Barbhuiya @ Bappi Barbhuiya S/O Late Safiqur Rahman Barbhuiya – Appellant
Versus
State Of Assam – Respondent
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 inj
The court emphasized that the power under Section 482 Cr.P.C. should be sparingly exercised and that the court should not interfere with the investigation unless no cognizable offence is disclosed. I....
The main legal point established in the judgment is the application of Section 482 of the Code of Criminal Procedure, 1973 to prevent abuse of the process of court and secure the ends of justice, par....
The court held that an FIR alleging cognizable offences cannot be quashed merely based on claims of disability or false implication; the truth of allegations is to be assessed at trial.
The main legal point established in the judgment is that the power under Section 482 of Cr.P.C. should not be exercised in cases involving heinous and serious offences with a significant impact on so....
The court emphasized the need for thorough investigation into allegations of instigation to commit suicide, as indicated by the suicidal note and video clipping.
Mere refusal to marry does not amount to abetment of suicide; FIR can only be quashed if allegations do not constitute a prima facie case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
