RAFIQUE UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Inamuddin, learned counsel for the petitioner, Md. Rafique Uddin and Mr. B.S. Sinha, learned Addl. Public Prosecutor for the State. Brief fact of the case is that on 25.01.2012, one Ms. Farhana Begum (elder sister-in-law of the petitioner) lodged a complaint before the Sub-Divisional Judicial Magistrate (in short SDJM), Sankardev Nagar, Hojai, District-Nagaon, Assam stating that in the absence of her husband who is working in Kuwait, the petitioner Md. Rafique Uddin, entered her room on 15.01.2012 at around 1-1 1/2 p.m. breaking open the door, while she was fast asleep with her three minor children and tried to rape her by forcefully removing her clothes. While she tried to resist him, the accused attempted to kill her by grasping her by the neck. Somehow, when she could raise alarm, the accused fled away. On informing of the incident to her-in-laws, they chased her off from their house with her two younger children keeping her elder son with them. Becoming helpless, she took shelter in her parental house and prayed before the concerned authority to investigate the matter through Lanka Police and take appropriate action against the accused person. The said complaint was registered as G.R. Case No. 141/2012. The SDJM, Sankardev Nagar, Hojai forwarded the said complaint to the Officer-in-Charge of Lanka Police for necessary action. Accordingly on receipt of the same, police registered Lanka P.S. Case No. 24 of 2012 under Sections 376/511/323/307 of Indian penal Code on 03.02.2012. After completion of the investigation of the said Lanka P.S. Case No. 153/2012. Police submitted the Charge Sheet before the SDJM, Sankardev Nagar, Hojai vide Charge Sheet No. 153/2012 dated 22.11.2012 against the petitioner under Sections 448/376/511 IPC. Along with the said Charge Sheet, one copy of the medical report, one copy of the sketch map and a copy of order passed by this Court in AB 675/2012 granting bail to the petitioner in the said Lanka P.S. Case No. 153/2012 (corresponding to GR. Case No. 141/2012) were also submitted.

(2.) After receipt of the said Charge Sheet, the SDJM, Sankardev Nagar, Hojai vide order dated 24.12.2012 passed in the said GR. Case No. 141/2012 took cognizance of the offences against the petitioner and send down the case record along with the case diary to the Court of Judicial Magistrate First Class (in short JMFC), Sankardev Nagar, Hojai, District - Nagaon, Assam for trial and disposal of the same.

(3.) Since the police has filed the Charge Sheet in Lanka P.S. Case No. 153/2012, corresponding to GR. Case No. 141/2012 charged under Sections 448/376/511 IPC against the petitioner, which is exclusively triable by the Court of Sessions, hence this petition by the petitioner under Section 482 Cr.P.C. for setting aside the order dated 24.12.2012 passed by the SDJM, Sankardev Nagar, Hojai in GR. Case No. 141/2012 by which he took cognizance of the offences of the said charges against him and for transferring the case to the Court of JMFC for trial and disposal of the said case. In this petition, the petitioner has also prayed to set aside the subsequent orders passed by the JMFC in the said GR. Case No. 141/2012 on 28.12.2012, 26.02.2013, 20.03.2013, 30.05.2013, 06.07.2013, 26.08.2013 and 25.10.2013 with regard to issue of summon of the case to him and for his appearance in the said GR. Case.