Back
2024 Supreme(Gau) 179
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN, J.
Md. Jakir Hussain And Anr – Appellant
Versus
The State Of Assam And Anr - Respondents
Crl.Pet. 1152 of 2023
Decided on : 06-03-2024
Advocate Appeared:
For the Appellant : MR. R GOSWAMI
IMPORTANT POINT
The court cannot adjudicate disputed questions of fact under section 482 Cr.P.C. and must consider the sufficiency of the factual foundation of the offences at the trial stage.
Headnote:
Forgery - Quashing of Charge Sheet - Cr.P.C. - 120(B)/468/471/420 - The court discussed the background facts leading to the filing of the petition, the contentions of the petitioners and respondents, and the legal principles regarding the adjudication of disputed questions of fact. The court found that the disputed questions of fact could not be adjudicated under section 482 Cr.P.C. and dismissed the petition.
Fact of the Case:
The petitioners, government servants, sought to quash the charge sheet filed against them under sections 120(B)/468/471/420 IPC, alleging that the charges were not applicable and that the charge sheet was an abuse of the court's process.
Finding of the Court:
The court found that the disputed questions of fact could not be adjudicated under section 482 Cr.P.C. and dismissed the petition.
Issues: Applicability of charges under sections 120(B)/468/471/420 IPC, abuse of court's process, and disputed questions of fact.
Ratio Decidendi: The court cannot adjudicate disputed questions of fact under section 482 Cr.P.C. and must consider the sufficiency of the factual foundation of the offences at the trial stage.
Final Decision: The petition was found devoid of merit and dismissed, with the parties bearing their own costs.
JUDGMENT :
Heard Mr. R. Goswami, the learned counsel for the petitioners. Also heard Mr. R. J. Barua, learned Addl. P. P. for the State respondent No.1 and Mr. C. S. Sarkar, learned counsel for respondent No.2.
2. In this petition, under section 482 of the Cr.P.C. two petitioners, namely, (i) Md. Jakir Hussain and (ii) Dr. Manjur Alam has prayed for quashing the FIR and charge sheet No. 434/2022, dated 30.12.2022, of Mukalmua P.S. Case No. 237/2022, u/s 120(B)/468/471/420 IPC, registered on the basis of one FIR lodged by S.I. Litumani Sarma of Belsor P.S. on 27.4.2022.
3. The back ground facts leading to filing of the present petition are adumbrated herein below:-
“Smt. Aparna Sarma, Circle Officer, West Nalbari, Chamata, had lodged an FIR with the Belsar P.S. on 28.02.2022, against Lat Mandal Zakir Hussain, upon which Belsar P.S. Case No. 40/2022, u/s 120(B)/468 /471/420/472/474/466/34 IPC, was registered. And during investigation of the said case it has been found that Lat Mandal Zakir Hussain had applied for leave enclosing one Medical Certificate, issued by a Doctor Manjur Alam of Mukalmua Civil Hospital on 23.4.2022, against OPD Serial No. 10114, wherein, it was stated that accused Md. Zakir Hussain had been suffering from his right leg injury, and therefore, from 23.4.2022 to 24.5.2022, he has been advised to take bed rest. But, during investigation, from the Register provided by the SDM & HO of Mukalmua Civil Hospital, Dr. Chakradhar Barman, it has been found that on 23.4.2022, accused Md. Zakir Hussain had not undertaken any treatment there. Instead of 23.04.2022, against OPD Serial No. 10114, one lady, namely, Jele Khatun, had undertaken treatment in the Mukalmua Civil Hospital on 19.4.2022. And therefore, a prayer was made to take necessary action against Dr. Manjur Alam of Mukalmua Civil Hospital along with accused Zakir Hussain, who had conspired to interrupt the investigation of Mukalmua P.S. Case and also misguided the administration by issuing forged document. Upon the said FIR the Officer-in-Charge, Mukalmua P.S. registered a case being Mukalmua P.S. Case No. 237/2022, u/s 120(B)/468/471/420 IPC, and carried out the investigation, which culminated in submission of charge sheet against the present petitioners, being Charge sheet No. 434/2022, dated 30.12.2022, to stand trial in the court u/s 120(B)/468/471/420 IPC.”
4. Being aggrieved, the petitioners have approached this court, by filing the present petition, for quashing the Charge sheet No. 434/2022, dated 30.12.2022, on the following grounds:
(i) That, the petitioners are Government servant, while petitioner No. 1 is a Lat Mandal, serving in the West Nalbari Circle, Chamata and petitioner No. 2 is a Government Doctor working in the capacity as M & HO-I in Mukalmua BPHC, and that a bare perusal of the FIR and the charge sheet fails to disclose any of the offences under sections of 120 (B) /468/471/420 IPC against the present petitioners.
(iii) That the OPD Registers of Mukalmua BPHC (being annexed with the petition as Annexure No. 3 and 4) clearly reveals that on 23.4.2022, against OPD Serial No. 10114, the name of petitioner No. 1 finds mentioned and as such there is no question of hampering investigation of Belsor Police Station case and misguiding the administration.
(iv) That, the petitioners have no intention to forge any document for the purpose of cheating anybody and only to harass the petitioners’, Charge sheet No. 434/2022, dated 30.12.2022 has been filed.
(v) That, the petitioner No.2 had genuinely issued Medical Certificate against OPD Serial No. 10114 on 23.04.2022, in favour of petitioner No.1 who was suffering from right leg injury and needed bed rest and as such there is no question of forging of any document.
(v) That the I.O. has not properly investigated the fact that the OPD Serial No. 10114 was genuinely issued on 23.4.2022.
(vi) That, there is no question of commission of any cheating by the petitioners against anybody and that filing of charge sh
