LEENA MAJUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.D. Chetri, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for State/respondent No. 1 and Mr. K.K. Mahanta, learned Senior counsel appearing for the respondent No. 2/informant.

(2.) By this petition under Section 482 read with Section 401 Cr.P.C., the petitioners have prayed for quashing of Jorhat P.S. charge-sheet No. 718/2017 in connection with Jorhat P.S. Case No. 2253/2017 (corresponding to G.R. case No. 3137/2017) under Sections 448/427/506/34 of the IPC pending in the Court of learned Judicial Magistrate, First Class, Jorhat .

(3.) The petitioners have contended that the respondent No. 2/informant, who is the mother-in-law of the petitioner No. 1, filed an FIR on 16.10.2017 before the officer-in-charge of Jorhat P.S. alleging that on 15.10.2017, at around 1.20 p.m., the petitioner No. 1, who is married to her son Rajib Chakrabarty, along with her brother, the petitioner No. 3 and younger sister/petitioner No. 2 and four others, came to her residence situated at Rajabari Mission Compound at Jorhat and took away all the belongings including the 'stridhan' of the petitioner No. 1 leaving only one wooden almirah under lock and key. It was suspected that in the said locked almirah, they might have left incriminating materials/objectionable materials with a view to jeopardize her political career and status in the society. Based on the said FIR, Jorhat P.S. Case No. 2253/2017 was registered and after completion of investigation, the police submitted charge-sheet being Jorhat P.S. C.S. No. 718/2017 under Sections 448/427/506/34 of the IPC against the petitioners, whereupon G.R. Case No. 3137/2017 was registered in the Court of learned Chief Judicial Magistrate, Jorhat and on being made over, the case is pending in the court of learned Judicial Magistrate, First Class, Jorhat.