MITALI THAKURIA
Abdul Hasib @ Abdul Hasib Laskar S/O Lt. Ajol Mia – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent No.1.
2. This application filed under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the impugned charge-sheet No.94 dated 30.04.2019 as well as the proceedings in G. R. Case No. 3012/2016, registered under Sections 120-B/302/34 of IPC in respect of the petitioner.
3. The brief facts of the case is that, the informant Shri Ashu Ram Das had lodged the FIR on 19.06.2016 before the Katigorah Police Station alleging inter alia that on 18.06.2016 at about 8:00 P.M. the accused No.2, Hasina Begum Laskar/wife of the petitioner called the victim Moni Ram Das to her house and took him with her. Then, suddenly the informant heard “bachao” “bachao” and rushed to the house of the accused and found that the accused persons had kept the door closed, but, somehow, the informant opened the door of the house and found his nephew was lying dead on the floor with several injuries. Thereafter he lodged the FIR. On receipt of the FIR, the Katigorah P. S. Case No.368/2016 under Sections 302/34 of IPC was registered and
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
The power to quash criminal proceedings should be exercised sparingly and in rarest of rare cases, and a prima facie case must be established for the charges to be framed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.