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ARUN DEV CHOUDHURY
SASHI KUMAR DUTTA S/O SHRI SUBRATA DUTTA – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. BM Choudhury, learned counsel for the petitioners. Also heard Mr. MP Goswami, learned Additional Public Prosecutor, Assam and Mr. A Ahmed, learned counsel for the respondent No. 2.
2. The present application is filed under Section 482 read with Section 397 of the Code of Criminal Procedure for quashing the charge-sheet No. 684/2013 dated 05.11.2013 arising out of Silchar PS case No. 1356/2011 dated 18.08.2011. The further challenge is an order dated 04.03.2023 passed by the learned Additional Sessions Judge (FTC), Cachar at Silchar in Sessions Case No. 135/2019, whereby formal charge under Section 302/34 IPC has been framed against the petitioners and one Amit Mishra.
3. The brief facts leading to filing of the present case is that on 18.08.2011 one Ratnadeep Malakar (since deceased) lodged an FIR before the Officer-in-Charge, Silchar (S) Police Station, alleging, inter-alia, that he is a student of Assam University and on 17.08.2011 at about 3 p.m., some students of IT department of the University assaulted him with rod, branches of trees, iron chain and belt etc. causing serious injury in various part of his body, including his right eye
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