PANKAJ DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N.B. Choudhury, learned counsel appearing for the petitioner as well as Ms. S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State/respondent No.1.

(2.) The petitioner herein, is assailing the legality and validity of the order dt.17/6/2017, passed by the learned SDJM (Sadar), Barpeta, in G R Case No. 918/2018 (earlier CR Case No. 5631/2014), whereby cognizance has been taken against the petitioner under Sec. 319 CrPC, without obtaining sanction from the competent authority.

(3.) The respondent No. 3, Lok Narayan Giri, filed a complaint before the Court of learned CJM, Barpeta, on 3/5/2014, against the present petitioner (as accused No. 4) and three others, namely, Kalidas, Ali Mia and Robin Das, alleging that on 28/4/2014, at about 03:30 pm, accused Nos. 1, 2 and 3, entered into the courtyard of the complainant and by way of threatening, he was forcefully taken to the Labdanguri PP, wherein the accused No. 4 (petitioner, herein) slapped the complainant at his right ear and also assaulted him with a lathi, as a result of which, he sustained grievous injuries on his person and lost his hearing capacity. The accused persons took the signature of the complainant in blank paper and also by way of threatening, had taken Rs.1000.00 from him and thereafter, he was released at about 12:30 am. The complainant was treated at Barpeta Civil Hospital for the injuries he sustained and on 3/5/2014, he filed the complaint. The above complaint was forwarded to the Court of learned JMFC, Barpeta, for disposal and the learned Magistrate forwarded the same to the Gobardhana Police Station, which was registered as Gobardhaha PS Case No. 179/2014 under Ss. 447/120(B)/325/384/ 506/34 IPC. On completion of the investigation, the I/O submitted charge sheet against the accused Nos. 1, 2 and 3 and finding no evidence against the accused No. 4 (petitioner herein) he was not sent up for trial and prayed to discharge him from trial.