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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUSMITA PHUKAN KHAUND
Ganga Phukan S/o Sri Pradip Phukan – Appellant
Versus
State of Assam – Respondent
1. This is an application under Section 482 of the Code of Criminal Procedure (Cr.PC for short) with prayer for quashing the impugned order dated 22.05.2022, passed by the learned Chief Judicial Magistrate, (CJM for short), Kokrajhar in CR case No. 36/2022. The petitioner in this case is Ganga Phukan who is accused in connection with CR case No. 36/2023 under Sections 320/324 of the IPC.
2. The genesis of the case is that an FIR was lodged against the petitioner by Pranjit Kumar Wary who is the father of Antar Jyoti Wary, alleging that the petitioner tortured Antar Jyoti Wary and his friend on 15.10.2021. It is pertinent to mention that the petitioner is the S.I. of Police posted at Kokrajhar Police Station. Initially, Antar Jyoti Wary was arrayed as an accused in connection with Kokrajhar P.S. case No. 729/2021 under Sections 143/147/341/353/294/427 of the Indian Penal Code (IPC for short), read with Section 51(b) of the Disaster Management Act, wherein it has been alleged that, on 14.10.2021, at about 8:30 p.m., the petitioner who was posted at Kokrajhar Police Station was in a patrolling duty with the O.C., when they noticed two groups of youths, ar
The court affirmed that the inherent power under Section 482 of the Cr.PC should be exercised sparingly, emphasizing the need for a trial when sufficient grounds for cognizance exist.
(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 court emphasized that a complaint filed after significant delay, introducing new allegations, can constitute an abuse of process, especially when prior investigations contradict the claims.
The court emphasized the necessity of reasoned orders in judicial decisions and the inherent power to quash proceedings that constitute an abuse of the legal process.
The court ruled that a subsequent complaint based on previously resolved allegations constitutes an abuse of process, justifying its quashing under Section 482 Cr.P.C.
A magistrate can independently assess investigation materials and register a protest petition as a complaint if sufficient grounds are provided, emphasizing the standard of prima facie evidence at th....
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
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