Nitya Chakma v. the State of Assam and Anr.
Case brief
What is this about?
Section 482 CrPC quashing petition dismissed at investigation stage; FIR Dispur Police Station Case No. 2141/2022 under Sections 386/365 IPC read with Section 77 Juvenile Justice Act read with Sections 14/15 POCSO Act 2012; petitioner Nitya Chakma versus State of Assam and Shyamalal Prajapati; name absent from FIR, vague allegations against Alif; arrest and bail during investigation; case diary scrutinised, investigation in progress; abuse of process not conclusively established; possibility of conviction not remote and bleak; charge sheet objections deferred to later stage; case diary sent back; Gauhati High Court, Justice Susmita Phukan Khaund, 18-06-2025.
What did the court decide?
At the present (investigation) stage the Court could not conclusively hold that pendency of the case would be an abuse of the process of the Court or that the possibility of conviction appeared remote and bleak; accordingly, the quashing petition was dismissed.