GAHC010128732013 2025:GAU-AS:13572 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./80/2013 KUMUD ROY CHOUDHURY S/O LT. DHIRENDRA ROY CHOUDHURY R/O VILL- AMARABATI P.O.

DUDHNOI, DIST. GOALPARA, ASSAM.

VERSUS SMTI JOYSHREE RABHA W/O LT. SANTOSH RABHA R/O VILL- THEKACHU PART-III, P.S. DUDHNOI DIST. GOALPARA, ASSAM.

BEFORE HON’BLE MR. JUSTICE N.UNNI KRISHNAN NAIR Advocate for the petitioner : Mr G Baishya.

Advocate for the respondent : Ms S Dev.

Date of Judgment : 22.09.2025 JUDGMENT AND ORDER (ORAL)

(N.Unni Krishnan Nair, J.)

Heard Mr G Baishya, learned counsel for the petitioner. Also heard Ms S Dev, learned counsel appearing for the respondent.

2. The petitioner, by instituting the present proceedings, has challenged the institution of the complaint case, being CR Case No. 1279/2019, before the Court of learned Judicial Magistrate First Class, Goalpara.

3. Facts in brief requisite for adjudication of the issue arising in the present proceeding is noticed as under:

3.1. As projected in the criminal petition, the petitioner was, at the relevant point of time, working as the Head Master of Dudhnoi High School. On receiving complaints from various employees of the school about non-performance of her duties by the respondent, herein, the petitioner had requested the respondent, herein, to attend her duties regularly and to perform her duties sincerely. There being no change in the attitude of the respondent towards discharge of her duties as an employee of the school, the matter was reported to the Inspector of Schools, Goalpara District Circle, Goalpara. Accordingly, the Inspector of Schools issued an order dated 02.03.2012, transferring the respondent and attaching her to a nearby school, i.e., Dudhnoi Girls High School, which was situated within the same campus of Dudhnoi High School. The said order was required to be served upon the respondent, herein, by the petitioner. However, in spite of the efforts being made, the said order could not be served upon the respondent. It is also projected that the respondent had refused to accept the said order.

3.2. The respondent, herein, filed a complaint case before the learned Chief Judicial Magistrate, Goalpara, alleging therein, of commission of an offence of kidnapping, criminal intimidation, attempt to murder upon her by the petitioner, herein. The said complaint was registered as CR Case No. 346/2012, and was forwarded to the Dudhnoi Police Station to register a case and to investigate thereon. On receipt of the said complaint, the Police registered Dudhnoi PS Case No. 31/2012 under Sections 366/307/506 IPC and investigated into the matter. After the said complaint case was registered against the petitioner, herein, it is projected in the criminal petition, that the respondent, herein, was suspended by issuance of an order of suspension dated 27.03.2012, issued by the jurisdictional Inspector of Schools. After issuance of the said suspension order, it is alleged that the respondent, herein, tried to assault and kill the petitioner, and due to resistance given by a few teachers, the intention of the respondent could not be fulfilled. However, it is projected that the petitioner, herein, suffered grievous cut injuries on his right thumb. The petitioner in pursuance to the said incident, lodged an FIR against the respondent on 28.03.2012 and the same was registered as Dudhnoi PS Case No. 30/2012, under Section 341/353/506/323 IPC. On conclusion of the investigation in Dudhnoi PS Case No. 30/2012, corresponding to GR Case No. 634/2012, a charge sheet came to be laid by the Police against the respondent herein, under Sections 341/353/506/323 IPC. At the relevant point of time also, the investigation in Dudhnoi PS Case No. 31/2012, corresponding to GR Case No. 635/2012, was also concluded and the Police laid the Final Report dated 30.04.2012, in the matter. In the said Final Report, it was stated that upon investigation, no witness had depose