ABUL HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Barbhuiya, learned counsel appearing for the petitioners and Mr. N. Kalita, learned Public Prosecutor, Assam for the State and also Mr. JUNM Laskar, learned counsel appearing on behalf of the respondent No.2.

(2.) Present petition has been preferred, under Section 482 Code of the Criminal Procedure, by the victim as well as accused persons for quashing the FIR pertaining to Lala PS Case No. 469/2015 (G.R. No. 1889/2018) registered under Sections 420/407/34 IPC lodged by the sister of the victim, now pending in the court of learned Chief Judicial Magistrate, Hailakandi.

(3.) So far as the case is concerned, the informant/respondent No.2 lodged an FIR on 21.09.2015 before the Officer-in-Charge, Lala police station to the effect that the accused persons, namely, 1) Abul Hussain Laskar , 2) Naharun Nessa Laskar/petitioners Nos. 1 and 2 assaulted the sister of the informant, who is the sister-in-law of the above two accused persons, in their house, in absence of her husband. It was alleged that the sister of the informant was kicked by holding her hair and they also tried to kill her by strangulating with her 'duppatta' but she somehow rescued herself and fled away. On the basis of the aforesaid FIR, Lala PS Case No. 469/2015 was registered against the petitioner Nos. 1 and 2 and finally submitted charge-sheet before the court, which is now pending for trial.