PADMABATI MAHANTA AND 2 ORS. vs THE STATE OF ASSAM AND 3 ORS

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2024 Supreme(Online)(GAU) 3888

GAHC010151482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./877/2024 PADMABATI MAHANTA AND 2 ORS.
W/O- LATE DR. JOGESH MAHANTA, D/O- LATE HALADHAR BHUYAN, H/NO. 94, LACHITNAGAR MAIN ROAD, PUB LACHIT NAGAR, GUWAHATI-
781007, P.S. PALTANBAZAR, DIST. KAMRUP(M), ASSAM
2: SMT. DIPALI BORAH W/O- LATE KHANINDRA NATH BORAH D/O- LATE HALADHAR BHUYAN R/O- GREEN VIEW RESIDENCY (B II) 2ND FLOOR NEAR GURUKUL GRAMMAR SENIOR SECONDARY SCHOOL MOTHER TERESA ROAD GEETANAGAR MATHGARIA GHY-781020 P.S. GEETANAGAR DIST. KAMRUP(M)
ASSAM
3: RADHESHYAM HAZARIKA S/O- SHARAT HAZARIKA R/O- PLOT NO. 66 FLAT NO. 201 SHIVSHANKAR GIRIJA SOCIETY NIBM UNDRI ROAD BEHIND CHANDAN GARDEN SOCIETY PUNE CITY PUNE P.S. KONDOWA MAHARASTRA-411048 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE P.P., ASSAM.
2:SMT. LEKHA BHUYAN D/O- LATE MITRADEB BHUYAN R/O- H/NO. 16 RAJGARH ROAD CHANDMARI GHY-78100 DIST. KAMRUP(M)
ASSAM
3:SMT. RASHMITA SHARMA @ RASMITA BHUYAN D/O- LATE MITRADEB BHUYAN R/O- A.T. ROAD HAIBORGAON NAGAON ASSAM-782002.
4:PURABI BHUYAN D/O- LATE MITRADEB BHUYAN R/O- EAST AMLAPATTY SHIBASTHAN ROAD NAGAON ASSAM-782003 Advocate for the Petitioner : MS. M DEV, MS N DEB,MS P DEB Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA

ORDER

Date : 31 .07. 2024 Heard Ms. M. Dev, learned counsel for the petitioners and Mr. KK Parasar, learned Addl.

PP appearing on behalf of the State respondent No. 1.

This is an application under Section 482 of the Cr.P.C, 1973 for quashing the complaint case being C.R. Case No. 211/2024, pending in the court of the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati and the impugned order dated 10.06.2024, passed in the said complaint case by the learned JMFC, Kamrup (M), Guwahati.

Issue notice to the respondent Nos. 2, 3 and 4 by registered post with A/D as well as usual process.

Steps be taken within 3 (three) days.

The notice is made returnable within 3 (three) weeks.

No formal notice is required to be served upon the State respondent No. 1 as Mr.

Parasar has entered appearance and accepted notice on behalf of the respondent No. 1.

Call for the scanned copy of the LCR.

It is submitted by Ms. Dev, learned counsel for the petitioners that the present petitioners are innocent and a false and concocted case has been lodged against them. More so, from the complaint, it is seen that the News Channels and Print Medias are not made party in the present proceeding though it has been alleged in the complaint that false news has been published by the news channel and print media. Further, there is no mention in the complaint as to how they are maligned in the society. Accordingly, she submitted that the learned trial court without applying it’s judicious mind, took the cognizance of offence. Accordingly, she submits that the proceeding be stayed in respect of the present petitioners till disposal of this criminal petition.

Mr. Parasar, learned Addl. P. P., on the other hand, has submitted in this regard that the news channel or print media has not published the news but the petitioners had attended the press meet and then news were published.

Ms. Dev, however submitted that even if it is a press meet and news items published in news channels or print medias, they ought to have been made as party in this case. Considering the entire aspect of the matter and also considering the submissions of the learned counsel for both the parties, I find it to be a fit case to stay the proceeding and the impugned order.

Accordingly, the proceeding of C.R. Case No. 211/2024 and the impugned order dated 10.06.2024, passed by the learned JMFC, Kamrup (M), Guwahati in C.R. Case No.

211/2024 are hereby by stayed, till the next date.

List the matter after 3 (three) weeks.

JUDGE Comparing Assistant

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