JUDGMENT

Date : 24-09-2021 This petition, under section 482 of the Cr.P.C., is preferred by Shri Ziabur Rahman Khan, S/o Abdul Munnaf Khan, R/o-Village Jurgarh, Tezpur under Sonitpur District, Assam for quashing the order dated 06.09.2018, passed by the learned Sessions Judge, West Sessions Division, Yupia in Sessions Case No.

52/2014, corresponding Naharlagun P.S. Case No. 79/2014.

2. It is to be mention here that vide aforesaid order, the learned Sessions Judge, West Sessions Division, Yupia has directed the Officer-in-Charge of Naharlagun Police Station for further investigation of Naharlagun P.S. Case No. 79/2014, and to engage another I.O. to interrogate the petitioner and to submit supplementary Charge-Sheet on the basis of the statement given by the petitioner under Section 313 Cr.P.C.

3. The factual background leading to filing of this Criminal petition is briefly stated as under:-

“In connection with kidnapping of one Wangap Hallang and demanding of ransom, near Tezpur his wife Ringam Kallang lodged one FIR at Naharlagun Police Station on 23.05.2014. Upon the said FIR, the Officer-in-Charge of Naharlagun Police Station registered a case being Naharlagun P.S. Case No. 79/2014, under Section 364(A) of the Indian Penal Code, which culminated in submission of Charge- Sheet against the accused, namely, Md. Abdul Gaffur and Md. Islamuddin and 3 (three) others described as Bodo Boy, Jamir Bhai and Assamese Boy. Md. Abdul Gaffur and Md. Islamuddin have been arrested by Police and they were in judicial custody. Thereafter, the learned CJM, Yupia has committed the case to the Court of learned Sessions Judge, West Session Division, Yupia on 12.11.2014. Consequently, charges were framed against the accused Md. Abdul Gaffur and Md. Islamuddin on 24.03.2015, under Sections 364 (A)/347/392/302/201/34 of the Indian Penal Code, and cited the present petitioner as witness. Thereafter, the learned Sessions Judge has examined as many as 12 prosecution witnesses and the said witnesses have not implicated the present petitioner with the offence. The petitioner was examined as PW-13 as seizure witness on 03.02.2017, and during his examination, accused Md. Abdul Gaffur in the open Court stated that the present petitioner is the Bodo Boy and then the learned Sessions Judge directed the petitioner to be taken into custody and also directed the Naharlagun Police Station to submit supplementary Charge-Sheet against him. Thereafter, the Naharlagun Police submitted the supplementary Charge-Sheet on 13.03.2017, stating that the petitioner is not involved in the case and he has been implicated falsely by Md. Abdul Gaffur for facilitating his arrest. Then, the learned Sessions Judge, vide order dated 16.03.2017, release the petitioner on bail instead of discharging him. Thereafter, during his examination under Section 313 Cr.P.C., accused Md. Abdul Gaffur again stated that the petitioner was the mastermind of the offence and then the learned Sessions Judge, vide order dated 17.07.2017, cancelled the bail order granted to him on 16.03.2017, and issued NBWA against him. Then the petitioner approached this Court and vide order dated 25.08.2017, this Court was pleased to direct that the petitioner shall not be arrested in execution of NBWA issued against him by the Court of learned Sessions Judge, Yupia and then on 14.06.2018, this Court further directed the petitioner to appear before the learned Trial Court and directed the petitioner to file application before the learned Trial Court and further directed the learned Trial Court to consider the same in accordance with law. Accordingly, the petitioner approached the learned Trial Court and the learned Trial Court vide order dated 08.08.2018 dismissed the petition. Thereafter, pursuant to the order dated 06.09.2018, the learned Sessions Judge, Yupia directed the Naharlagun Police to carry out the investigation and to submit supplementary Charge-Sheet”.

4. Heard Mr. D. Panging, the learned counsel for the pe