The court emphasized that a Magistrate must demonstrate satisfaction regarding grounds for proceeding against accused before issuing summons, and quashing of proceedings should be an exception.

JUDGEMENT :

ROBIN PHUKAN, J.

Heard Mr. H. Das, learned counsel for the petitioners; Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State, respondent No. 1; and Mr. D. Das, learned counsel for the respondent No. 2.

2. In this petition, under Section 482 of the Code of Criminal Procedure (Cr.P.C.), eight petitioners have prayed for quashing the proceeding of C.R. Case No. 32/2021, under Sections 147/149/448/294/ 324/326/354/307/34 of the Indian Penal Code (IPC) pending before the learned Additional Chief Judicial Magistrate, Goalpara (trail court) and also the order dated 04.12.2021, passed by the learned trial court by which cognizance of the offence under the aforementioned sections were taken against the petitioners.

Background Facts:-

3. The background facts, leading to filing of the present petition, are adumbrated herein below:-

“On 05.02.2021, one Moslema Khatun, the respondent No. 2 lodged one complaint case before the learned Additional Chief Judicial Magistrate, Goalpara alleging inter-alia amongst others that on 28.12.2020, at about 12 noon, she went to her land along with Momtaz Begum situated at Ramhrrir Char Part – 3 and then, on the behest of petitioner No. 1, Hazrat Ali, the other petitioners in a pre-planned manner, being armed with dao, lathi, dagger and other sharp objects confronted them and started scolding them with slang languages.

Thereafter, when the complainant raised objection, the petitioner No. 2, Kajiumuddin assaulted over her head and as a result she fell down and became unconscious and then, Momtaz Begum raised hue and cry and then, Moktel Hussain; Emran Hussain; Surman Ali; and Nur Islam, arrived at there and then, petitioner No. 3, Rofiqul Islam attacked on the head of Moktel Hussain by means of a dao and as a result he sustained injuries over two places of his head and became unconscious and Hazrat Ali assaulted Emran Hussain by means of one bamboo lathi and Mofidul Islam tried to outrage the modesty of Momtaz Begum. Thereafter, the petitioner No. 5 Jahirul Islam attempted to assault on the head of Surman Ali by means of a dao, but somehow the blow missed the head and hit on the left leg.

Thereafter, the nearby people along with Nur Islam got them admitted at Goalpara Civil Hospital and due to serious injuries, Moktel was admitted at Solace Nursing Home, Goalpara.

Thereafter, in connection with the aforementioned case, one ejahar was filed with the Pancharatna River Police Station, but no action has been taken upon the same.

Thereafter, upon the said complaint, the learned Chief Judicial Magistrate, Goalpara has registered a case, being C.R. Case No.32/2021 and transferred the same to the learned Additional Chief Judicial Magistrate, Goalpara and thereafter, the learned trail court examined the complainant and four other prosecution witnesses and took cognizance of the offence vide order dated 04.12.2021, under Sections 147/ 149/ 448/ 294/ 324/ 326/ 354/ 307/ 34 of the IPC and issued process to the accused persons to appear before the court to stand trial.”

Being aggrieved, the petitioners have approached this court by filing the present petition with the aforementioned prayer.

Submissions:-

4. Mr. H. Das, learned counsel for the petitioners submits that the petitioner No. 1 is a Headmaster and on the relevant date he was working at Mashaneralga High School of Dhubri and in respect of the said contention, Mr. Das has referred to the Identity Card of petitioner No.1, enclosed with the petition as Annexure – 10, at page No. 47; the Certificate issued by the Inspector of Schools of Dhubri district as Annexure – 11, at page No. 48; the attendance sheet of Teachers as Annexure – 12, at page No. 49; the visiting report at page No. 50; and Teachers’ daily attendance sheet of the said school at page Nos. 51, 52 & 53 and therefore, Mr. Das submits that he was absent on that day at the place of occurrence.

4.1. Mr. Das further submits that while the occurrence took place on 28.12.2020, the FIR was lodge