MUSAFFA KHAN @ MUSTAFA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the petitioners and Mr. D. Saikia, learned Addl. Advocate General, assisted by Mr. K.A. Mazumdar, Addl. P.P. Assam for the Respondent State. This application has been filed under Section 482 of the Cr.P.C. 1973 for quashing the Criminal Proceedings in connection with Goalpara P.S. Case No. 511/2010 registered under Section 302/307/326/427/34 IPC read with Section 3/48 of the Explosive Substance Act; r/w section 120(B)/109/121 IPC; read with Section 10/13 of U.A. (P) Act and Section 4 of the Prevention of Damage to Public Properties Act, 1948 and also criminal proceeding in connection with Latasil P.S. Case No. 134/2010 under Section 120B/121 IPC read with Section 10/13/20 of the U.A.(P)Act.

(2.) The aforesaid Goalpara P.S. Case No. 511/10 was registered on the basis of a written Ejahar dated 30.7.2010 received from Sri Bibal Ch. Das Bedi, O/C E/12 CRPF Goalpara Assam informing the SHO police station, Goalpara that on 30.7.2010 at 0750 hrs, when the CRPF party left for Rangagarh Firing Range via Goalpara for BOAC/Firing at about 08.10 p.m., some unknown members of the outfits planted LED on their vehicle bearing registration No. AS 01 Y 2408 near Nirmala Hospital at Balukduba Salbari causing death to 5 personnel and injuring 40 others, and also badly damaging the bus in which the CRPF personnel were travelling.

(3.) The aforesaid Latasil P.S. Case No. 134/10 was registered on the basis of a written FIR dated 30.7.2010 lodged by Deputy Commandant (GEN), Border Security Force, Geetanagar, Guwahati-24 informing the O/C Latasil Police Station, Guwahati that a specific information was received that some NDFB (AT) hardcore cadres had a plan to target Guwahati City on the eve of Independence Day. The said information was immediately shared with the city S.P.(Ops) and a joint operation was arranged. In a joint operation the Central Publicity Secretary of the NDFB (AT) along with two women cadres were apprehended on 29.7.2010 from the New Colony, Lankeshwar area under Jalukbari Police Station, Guwahati. From the said arrested persons one laptop, one printer, one portable DVD Player and 2 Mobile sets along with 13 Nos. of Sim Cards were recovered. In the joint operation, apart from the above persons, three more NDFB (AT) cadres were apprehended from Latasil Police Station area, Guwahati city.