CHITTA RANJAN PURKAYASTHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner herein is the accused in Complaint Case No. 1420/11 under Section 171 (E) and 506 of the Indian Penal Code in the court of learned Addl. Chief Judicial Magistrate, Dhubri. He has filed this application under Section 482 of the Code of Criminal Procedure Code, 1973 praying for quashing the criminal proceeding on the ground that cognizance of the offence has been taken without prior "sanction" of the Government of Assam. Although, during the course of hearing, the learned counsel for the petitioner also argued that a false case has been framed against the accused after his arrest in Golokganj PS Case No. 173/11 under Section 420/408/468/506 IPC, the said ground was not pleaded in the criminal petition.

(2.) HEARD Mr. MU Mondal, learned counsel for the petitioner and Mr MU Mahmud for the OP No. 2 and the Learned Addl PP, Assam represented the State (Opposite party No.1).

(3.) CW 2 Smti. Anowara Khatun is the wife of the complainant. There is an allegation in the complaint petition that she was also beaten by the I.O. However, she is totally silent about her manhandling by the I.O. CW 2 has no doubt also alleged that when they went to collect the seized register in the police station the I.O. demanded bribe of Rs.10,000/- However, her husband (CW 1) has not stated that his wife had accompanied him to the police station.