Petition under Section 482 CrPC for quashing an FIR regarding rape was dismissed. The court found substantial evidence and a prima facie case of serious offence, making it unfit for quashing.
FIR not quashed; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010054002019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 267/2019
1:NURUL HUDA MAZUMDER
S/O LT. NAMAR ALI MAZUMDER, VILL.-UZANKUPA PT-I, P.O.-UZANKUPA, P.S. AND DIST-HAILAKANDI, PIN-788152
VERSUS
1:THE STATE OF ASSAM AND ANR.
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:GOLAP KONWAR A.S.I. CHANDMARI P.S. DATE 12-07-2018 (INFORMANT
Advocate for the Petitioner : MR. A Y CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
02-08-2019.
Heard Mr. A.M. Mazumdar, learned senior counsel appearing for the petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent.
The present petition has been preferred under Section 482 CrPC, for quashing of the FIR dated
Page No.# 2/2
12.07.2018, which has been registered as Chandmari P.S. Case No.613/2018, u/s.376(1) IPC. Raising the contention that the petitioner has not committed any offence and the FIR also failed to disclose any such commission of offence save and except that the petitioner tried to elope the woman, the case has been registered against the petitioner which is stated to be bad in law and liable to be quashed. It is categorically stated that the petitioner is innocent and he simply provided shelter to the woman being as responsible police personnel.
I have considered the submission of learned senior counsel for the petitioner and also perused the case diary that has been produced. So far as the FIR is concerned, it is specifically mentioned that the victim woman was forcefully detained inside the house of the accused and she was also raped by the accused person.
In the meantime, the statement of the victim as well as the accused person is also recorded u/s.161 and 164 of the CrPC. The accused person has categorically admitted about keeping of the woman in his house for the purpose of shelter. On the other hand, the victim woman has specifically stated that she has no earlier acquaintance with the accused person and she was taken by the accused and committed rape upon her inside his room. The victim woman is aged about 40 years and she has fully implicated the accused person with the offence alleged.
It is needless to say that a prima facie case is made out against the petitioner that a serious offence like rape is committed by him and he is to face the trial accordingly.
In view of above and the materials available in the case diary, obviously it is not a fit case for invoking the provision under Section 482 CrPC. There appears no any substance in the petition so filed to entertain the same by invoking the extra-ordinary provision under Section 482 CrPC.
The petition is accordingly dismissed.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the FIR disclosing rape offences is liable to be quashed under Section 482 CrPC.
Whether a prima facie case of serious offence is made out against the petitioner.
2 provisions across 2 enactments
Nurul Huda Mazumder
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
