Point of Law: If offence is committed during course of performance of his official duty, it would attract section 197 Cr.P.C.

JUDGMENT :

1. Heard Mr. D. Das, learned Senior Counsel, being assisted by Mr. H. Nath, for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam appearing for the State/respondent No.1 and Mr. J.I. Borbhuiya, learned counsel for the respondent No.2.

2. In this petition, under Section 482 of the Cr.P.C., petitioner, Shri Indranil Baruah has put to challenge the correctness or otherwise of the order, dated 28.04.2016, passed by the learned Additional Chief Judicial Magistrate, Dhubri in C.R. Case No.263/2016. It is to be noted here that vide impugned order dated 28.04.2016, the learned Additional Chief Judicial Magistrate, Dhubri took cognizance of the offences under sections 120(B)/166/294/352/ 354/357/509/34 of the IPC, against the present petitioner, along with three other accused persons and issued process to him to appear before the Court and to stand trial.

3. The background facts, leading to filing of the present petition, are adumbrated as under:-

“Smti Barasha Borah Bordoloi, the respondent No.2 here-in, filed a Complaint Case against the present petitioner, namely, Indranil Baruah along with four others alleging inter-alia amongst others that, on 19.12.2015, she along with her driver and Advocate came to Dhubri to cause personal service of summon upon Shri Diganta Borah, the then Superintendent of Police, Dhubri, in connection with a Title Suit No.70/2015, pending in the Court of Civil Judge, Dibrugarh. Then her Advocate met Mr. Borah in his office chamber to deliver the summons and documents. But, Shri Borah refused to accept the same. Upon being informed about such refusal by her Advocate, she decided to have direct talk with Mr. Borah and she went to the office of Mr. Borah with her driver and on her reaching there one lady constable, namely, Halima Khatun guided her respectfully to the to the office chamber of Mr. Borah. Then Mr. Borah asked the respondent No.2 to come to his residence in the evening, wherein he will receive the summons and documents in presence of his Advocate. Accordingly, in the evening, the respondent No.2, along with her driver arrived at the residence of Mr. Borah and informed her arrival to the gatekeeper as well as to Mr. Barah through his mobile. However, there was no response from the side of Mr. Borah. While she was waiting in front of his gate, at about 10 P.M., Mr. Borah along with his wife and Addl. Superintendent of Police, Sri Indranil Baruah (present petitioner) and some other people, including Constable Minu Roy, came out of his residence. Then having seen her, Mr. Borah had shouted like a mad person and pointing their service weapon at her, Mr. Borah and the Addl. S.P. Shri Indranil Baruah had threatened to kill her if she does not leave that place. The respondent No.2 also alleged that thereafter, Mr. Borah had instructed some persons over telephone to register a false case against the respondent No.2 and after a few minutes, the respondent No.2 was assaulted and pushed forcefully into a police vehicle, wherein the Addl. S.P. had abused her physically. Further, it is alleged in the complaint that Mr. Borah had ordered his subordinates to detain the respondent No.2 inside the male lock up of Dhubri Police Station, and accordingly, she was detained there up to 4:00 P.M. of next day, without food and water and she was not allowed to communicate with family members by using mobile phone.

Upon the said complaint, the learned Chief Judicial Magistrate, Dhubri registered a case being CR Case No.263/2016, and made over the same to the learned Addl. Chief Judicial Magistrate, Dhubri, vide order dated 20.01.2016. Then the learned Court below, on the basis of the statement of the complainant and another witnesses, recorded under Section 200 of the Cr.P.C. took cognizance of the offences against the present petitioner and four others, under Sections 120(B)/166/ 294/352/354/357/509/34 IPC, and issued summons to them vide order dated 28.04.2016, and directed them to appear befo