KANDARPA KUMAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.K. Kalita, learned counsel for the petitioner and also heard Mr. B.P. Sinha, learned counsel for the respondent No. 2 as well as Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State/respondent No.1.

(2.) The petitioner has filed an application under Sec. 482 Cr.P.C. with a prayer for quashing of the FIR/enquiry report dtd. 8/5/2015 submitted before the Superintendent of Police, Baksa, Mushalpur, which was subsequently registered as Tamulpur P.S. case No. 96/2015 and subsequent Final Report No. 44/2017 dtd. 30/4/2017 submitted before the ld. CJM, Nalbari in connection with Tamulpur P.S. case No. 96/2015 and protest petition filed by the informant seeking re-investigation of the Tamulpur P.S. case No. 96/2015 by different investigating officer.

(3.) The brief facts of the case is that the petitioner is a police personnel working under Government of Assam and occupied different posts like Officer-in-Charge of different police stations. On 27/12/2014, while the petitioner was posted as In-Charge at Doulbari Out Post under Tamulpur police station, one Smti. Kabita Basumatrary lodged an FIR alleging inter alia that on 30/11/2014 at around 2.30 p.m. while her husband was coming back towards his house from Daranga Mela, a high speed bike bearing registration No. AS-14-D-0528 coming from the opposite direction knocked down her husband near Bogajuli turning point, as a result of which her husband sustained grievous injuries on his person and died on the spot.