RAMENDRA NATH BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Saikia, learned counsel for the petitioner and Mr. I. Choudhury, learned counsel appearing for the respondent No. 2. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State/respondent No. 1.

(2.) By this petition under Section 482 read with Sections 397/401 Cr.P.C., the petitioner has prayed for quashing the FIR, dated 23.01.2019, whereby Baihata Chariali P.S. Case No. 28/2019, under Sections 447/420/506 of the IPC has been registered.

(3.) The petitioner contends that on 22.12.2017, one Sri Joyram Nath (the respondent No. 2 herein) lodged an FIR at Baihata Chariali P.S., alleging inter-alia, that he had got an appointment letter issued by the Inspector of schools, KDC, Amingaon, Guwahati for appointment as Grade-IV staff in the school of the petitioner, namely Sri Ramendra Nath Baishya. Accordingly, the informant joined the school on 21.12.2017. But on the next day, i.e. 22.12.2017, when the informant went to the school, he was not allowed to sign in the attendance register by the principal of the school (the petitioner herein) and forcibly thrown him out of the school. The said FIR was registered as Baihata Chariali P.S. Case No. 46/2018 under Section 167/506 of the IPC. Again, on 23.01.2019, Joyram Nath lodged another FIR at Baihata Chariali P.S. alleging inter-alia, that the said Principal of the school (the petitioner) had appointed one Smt. Rita Deka as a Grade-IV staff in the school. The informant also alleged that on 18.01.2019, a gang of around 10 persons, under the instruction of the Principal of the school, had gone to his home in search of him and finding him absent, they shouted at his wife and threatened her that they would kill him. On receipt of the FIR, Baihata Chariali P.S. Case No. 28/2019 under Section 447/420/506 of the IPC was registered.