MANIK KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) INVOKING the jurisdiction, filed under Section 482 of the Criminal Procedure Code, 1973 (in short, "the Cr.PC"), the petitioners, who are accused persons in Golakganj P.S. Case No. 453/2010, registered under Sections 153(A)/ 342/ 323/506/ 34 of the Indian Penal Code (in short, "the IPC") read with Section 3(ix) & (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, "the Act of 1989"), have prayed for quashing the FIR, dated 08.08.2010 and the investigation in the said case.

(2.) I have heard Mr. D. Das, senior advocate, assisted by Mr. N.N.B. Choudhury, learned counsel, appearing for the petitioners. Also heard Mr. B.S. Sinha, learned Additional Public Prosecutor, appearing for the State respondent and Mr. B. Benerjee, learned counsel, appearing for the private respondent.

(3.) ON 08.08.2010, the opposite party No. 2, who is the son of Shri Baidyanath Rai, lodged an FIR with the Golakganj Police Station, alleging therein that Smti Kalyani Rai had filed false criminal case against the innocent family members of the respondent No. 2 including his father and that Shri Manik Kalita, S.I., in-Charge of Chagolia Out Post, i.e. the petitioner No. 1, misusing his power, arrested the informant and his father, Shri Baidhyanath Rai and despite the offences being bailable forwarded them to the Court without granting bail. It was also alleged, in the said FIR, that on 24.07.2004, during the investigation in the said case, the investigating officer, namely, Luthfur Rahman, i.e. the petitioner No. 2 alongwith Smti Kalyani Ray, Mihir Kumar Das, Adhir Ray, Lipika Ray, Radhika Ray and Sudhir Ray went to the residence of Shri Baidya Nath Ray, and apart from abusing him and members of his family in filthy language and publicly insulted and humiliated calling them schedule caste, sons of fisherman, boatman and uncivilized.