Allowed¶8

Nihar Prasad Sharma v. the State of Assam and Anr.

Gauhati HC17 Jun 2025Crl.Pet./1081/2024

Case brief

AI extract

What is this about?

Gauhati High Court, 18.06.2025 (Parthivjyoti Saikia, J.), Crl.Pet./1081/2024 — Section 528 BNSS 2023 quashing petition by Nihar Prasad Sharma against criminal proceedings in Sessions Case No.40/2023 (T-II), Addl. Sessions Judge, Golaghat; complainant Respondent No.2 Monalisa Das raised no objection; State of Haryana v. Bhajan Lal, AIR 1992 SC 604 guidelines applied; no possibility of future conviction; abuse of process; proceedings quashed; petition allowed and disposed.

What did the court decide?

Criminal proceedings of Sessions Case No.40/2023 (T-II) pending before the Addl. Sessions Judge, Golaghat, quashed and set aside; Criminal Petition disposed of. ¶8

Nihar Prasad Sharma Vs the State of Assam and Anr. — Writ and Judicial Review | Gauhati HC (2025)

Page No.# 1/4

GAHC010170622024

2025:GAU-AS:8085

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./1081/2024

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NIHAR PRASAD SHARMA

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S/O LATE BARADA PRASAD SHARMA, R/O 2-B, ARCHCON ARCHAD, DR. B. BAROOAH ROAD, GUWAHATI, P.S.-PALTAN BAZAR, DIST- KAMRUP (M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:SMT. MONALISA DAS D/O SRI PULIN CH. DAS R/O ROOM NO. 54 DHANSIRI GUEST HOUSE NUMALIGARH REFINERY TOWNSHIP GOLAGHAT-785699 ASSA

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Advocate for the Petitioner : MR P KATAKI, MS. A LALA,MRS R BEGUM,MR. R SEKHAR

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Advocate for the Respondent : PP, ASSAM, MS. C SAIKIA (R-2),S J DUTTA (R-2),MR. M K DAS (R-2),MR. P SAIKIA (AS LEGAL-AID-COUNSEL FOR R-2)

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Page No.# 2/4

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:: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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O R D E R

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18.06.2025

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Heard Mr. P. Kataki, the learned counsel appearing for the petitioners. Also heard Mr. K.K. Parasar, the learned Addl. Public Prosecutor, Assam; Mr. P. Saikia, the learned Legal Aid Counsel and Mr. M.K. Das, learned counsel also appearing for the Respondent No.2.

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2. This is an application under Section 528 of the BNSS, 2023, praying for quashing the criminal proceedings of Sessions Case No.40/2023 (T-II) pending in the court of the Addl. Sessions Judge, Golaghat, Assam.

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3. Today, Mr. M.K. Das appearing for the Respondent No.2 has submitted that the Respondent No.2 does not have any interest in prosecuting this case any further. According to Mr. Das, the Respondent No.2 has no objection if the criminal proceedings is quashed as desired by the petitioner.

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4. I have considered the submissions made by the learned counsel of both sides.

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5. The guidelines for consideration of a petition under Section 482 of the CrPC has been laid down by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, AIR 1992 SC 604. Paragraph 102 of the judgment reads as under:

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“102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and

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Page No.# 3/4

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reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised.

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(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

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(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

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(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

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(4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

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(5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

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(6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

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(7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

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6. Coming back to the case in hand, this Court is of the opinion that the ratio laid down in Bhajan Lal (supra), is applicable in this case. Under the given circumstances, there is no possibility of future conviction in the said case. So, allowing such a proceeding to continue before the trial court, would be an abuse of the process of the court.

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7. This Court is of the opinion that this is a fit case for exercising the power under Section 528 of the BNSS, 2023.

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Page No.# 4/4

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8. Accordingly, the criminal proceedings of Sessions Case No.40/2023 (T-II) pending in the court of the Addl. Sessions Judge, Golaghat, Assam, is quashed and set aside.

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The Criminal Petition is disposed of.

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JUDGE

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Comparing Assistant

Nihar Prasad Sharma v. the State of Assam and Anr.

Case brief

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Nihar Prasad Sharma v. the State of Assam and Anr.

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