Abul Hussain vs State Of Assam

1) This is a criminal petition, filed under Section 482 of the Cr.PC, seeking quashment of the charge-sheet being No. 151/2013, dated 23.10.2013, filed

in Sarthebari PS Case No. 164/2013, under Sections 366/34 of the IPC, pending in the court of learned Judicial Magistrate 1st Class, Barpeta,

corresponding to GR Case No. 2474/2013.

2) I have perused the petition as well as the annexures furnished therewith. I have also perused the lower court record including the case diary.

3) Heard Mr. R. Ali, learned counsel for the petitioner as well as Mr. N.K. Kalita, learned Additional Public Prosecutor for the state respondent No.

1.

4) The aforesaid case arose out of the FIR, dated 29.5.2013, alleging that the minor daughter of the informant was kidnapped by Md. Kurban Ali, with

the help of accused Abdul Hussain.

5) After completion of the investigation of the case, Sarthebari Police Station submitted charge-sheet against the accused-petitioner and others for an

offence under Sections 366/34 of the IPC.

6) During investigation, the statement of the victim was recorded under Section 164 of the Cr.PC. The investigating police officer also recorded the

statement of the victim under Section 161 of the Cr.PC. In her both statements, the victim has not implicated the present petitioner as involved in the

commission of the offence alleged.

7) On perusal of the materials in the case diary, it is found that only one of the witnesses has stated about the involvement of the present petitioner

although he has no personal knowledge and his statement is based on hearsay only.

8) On meticulous examination of the case diary, it does not appear that there is any implication of the present accused-petitioner with the commission

of the offence alleged. In the FIR itself, the present accused-petitioner is stated to have helped the co-accused, Md. Kurban Ali, in committing the

offence but such statement in the FIR is not subscribed to by any of the witnesses. Therefore, the trial against the accused-petitioner will be an abuse

of the process of the court in the absence of any materials against him implicating him with the commission of the alleged offence.

9) Therefore, in the considered view of this court, this is a fit case for quashment of the charge-sheet, referred to above, to secure the ends of justice

and to prevent the abuse of the process of the court in respect of the present petitioner only.

10) Accordingly, this petition is allowed.

11) Send down the LCR along with a copy of this judgment.