Mistakenly representing both complainant and accused does not constitute forgery; no prima facie case under Section 466 of the IPC found.

JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

Heard Mr. Z. Kamar, the learned senior counsel assisted by Mr. P.D. Choudhury, the counsel appearing for the petitioners. Also heard Ms. H.S. Bora, the learned Addl.Public Prosecutor, Assam.

2. This is an application under Section 482 of the CRIMINAL PROCEDURE CODE praying for quashing the proceedings of C.R. Case No.664/2019 pending in the court of the learned Chief Judicial Magistrate, Kokrajhar.

3. Both the petitioners are practicing advocates and members of Gossaigaon Bar Association. On 28.06.2016, Smti. Muslima Bibi had lodged a Complaint Petition under Section 200 of the CrPC in the court of the learned Sub-Divisional Judicial Magistrate, Gossaigaon.

4. In the said complaint, it was alleged that few months ago, Mokbul Hossain along with Md. Shomser Ali, Buttu Sk. and Jomser Ali had assaulted Abed Ali on the ground that he was maintaining relationship with a girl of the village. Abed Ali sustained serious injuries.

5. After that incident, Mokbul Hossain along with Md. Shomser Ali, Buttu Sk. and Jomser Ali had tried to persuade the complainant Muslima Bibi to give false evidence in their favour. She declined the said proposal. Therefore, those persons had tortured her and also threatened her with dire consequences. They also threatened to kidnap her.

6. The complainant informed the Village Goanburah as well as her family members. On 24.06.2016 at about 6.30 P.M., when the complainant was coming home from local market, those persons allegedly threw filthy languages at her. When she protested, Mokbul along with the aforesaid persons forcibly put her in a vehicle and tried to undress her. The complainant managed to run away.

7. Again, on 26.06.2016 at about 5 P.M., Mokbul along with the aforementioned associates trespassed into the house of the complainant and asked her to leave the village within next two days. Mokbul and his associates even threatened the daughter of the complainant by stating that they will kidnap her and shall be released only if her mother testifies in their favour.

8. It is alleged in the complaint that the aforementioned Buttu Sk. had even touched the breasts of the daughter of the complainant.

9. When the complainant raised hue and cry over the said incident, Mokbul and his associates ran away from her house.

10. On receipt of the said complaint, the learned Sub-Divisional Judicial Magistrate, Gossaigaon had registered the same as C.R. Case No.37/2016 and under the provisions of Section 156(3) of the CrPC, forwarded the complaint to Gossaigaon Police Station. Accordingly, the Gossaigaon P.S. Case No.334/2016 came into being. On conclusion of investigation, police filed the charge sheet against Md. Shomser Ali and three other persons. Accordingly, G.R. Case No.387/2016 came into being before the court of the Sub-Divisional Judicial Magistrate (M), Gossaigaon.

11. On 28.06.2016, the petitioner Md. Mokbul Hossain filed Vakalatnama representing the complainant.

12. After that, on 17.06.2017, Shri Zakir, who is an advocate’s clerk of Gossaigaon Sub-Divisional Judicial Magistrate Court, Gossaigaon, accompanied by the accused Md. Shomser Ali, had approached the petitioner Md. Mokbul Hossain and requested him to represent the said accused in the aforementioned G.R. Case No.387/2016 (C.R. Case No.37/2016).

13. The petitioner Md. Mokbul Hossain has stated that after 28.06.2016, on which date he had filed his Vakalatnama representing the complainant, with the passage of one year, he forgot the said fact. So, when the advocate