IMPORTANT POINT
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.

JUDGEMENT :

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, armed with lathi involved in a heated and aggressive confrontation. The petitioner tried to prevent the fight and one group immediately escaped whereas, Antar Jyoti Wary and Dipunjoy Brahma, instead of complying with the direction and instruction of the police team, became more aggressive and pulled out the star plates from the petitioner's uniform, tearing his uniform in the process. Both the miscreants uttered obscene words and hurled abuses at the patrolling team. Both the miscreants including Antar Jyoti were brought to the Police Station. Investigation commenced and charge-sheet was submitted against the miscreants under Sections 341/353/294/427 of the Indian Penal Code (IPC for short) read with Section 51(b) of the Disaster Management Act, (due to the Pandemic prevalent at that time). This case then culminated into GR case No. 1226/2021 and PRC No. 03/2022, and cognizance was taken against Antar Jyoti and his co-accused.

3. As a counterblast, Antar Jyoti’s father, Shri Pranjit Kumar Wary (hereinafter respondent No. 2), lodged an FIR as an afterthought on 18.10.2021, which was registered as Kokrajhar P.S. Case No. 751/2021 under Sections 323/324 of the IPC, GD entry No. 629 dated 18.10.2021, and this case was registered as GR No. 1264/2021, and an S.I., Ananda Rabha of Kokrajhar P.S., was entrusted with the investigation. The FIR was registered after the enquiry report dated 22.10.2021. The allegation against the petitioner in the instant case is that on 14.19.2021, at about 8:30 p.m., the respondent No. 2's son, Antar Jyoti and his friend Dipunjay with three others went to observe Durga Puja at Kokrajhar town, Ward No. 1. At that time, a police team led by S.I. Ganga Phukan were dispersing the crowd and Antar Jyoti along with his friends were complying with the instruction of the police. At the time of crossing the road, Antar Jyoti politely addressing S.I. Ganga Phukan as Sir, and asked about the duration of the curfew and reason for dispersing the crowd. At this, the police team became aggressive and tortured Antar Jyoti and his friend Dipunjay on the road in presence of the general public. Later on, both of them were forcibly picked up in the police vehicle and were tortured inside the van as well as in the Kokrajhar Police Station. As a result, Antar Jyoti and his friend sustained several injuries which also included cut injuries. Consequentially, they had to be provided medical treatment.

4. It is submitted on behalf of the petitioner that the FIR of the instant case was registered after an enquiry report dated 22.10.2021. Impartial, fair and proper investigation was conducted and the medico-legal report reveals that the respondent No. 2's son- Antar Jyoti did not sustain any injury and thus, final report being FR No. 406/2021 date