BIDYA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel for the petitioner also the learned counsel for the State Respondent No. 1.

(2.) The petitioner, herein contends that in fact, he has filed the FIR in first point of time against the accused persons, Rajib Dutta and one another on 12/8/2021, which has been registered as Dhemaji PS Case No. 382/2021, under Ss. 341/294/506 IPC, read with Sec. 3 (b) of SC and ST (Prevention of Atrocities Act, 1986). Subsequent thereto, on the very same day, the respondent, Rajib Dutta and his brother Dipak Dutta (respondent No. 3), filed two different FIRs against the petitioner as regards the same incident, which has been registered as Dhemaji PS Case No. 383/2021 and Dhemaji PS Case No. 384/2021. Although the investigation of the case filed by the present petitioner remain pending, but the charge sheet in the above case filed by the respondent has been submitted against the petitioner, which according to the petitioner will cause prejudice to him as on the same facts, two charge sheets have been filed. Both the cases are now pending in the Court of learned CJM, Dhemaji, vide PRC Case Nos. 511/2021 and 521/2021.

(3.) By filing the present petition, the petitioner has sought for quashing of the proceeding pertaining to Dhemaji PS Case No. 384/2021, as it was a subsequent FIR as well as cross FIR against the FIR filed by the present petitioner.