TAZUL ISLAM HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Whether the materials produced by the accused person as a petitioner in a case praying for quashing of criminal proceeding under Section 482 Cr.P.C. can be considered is the moot question to be decided in this revision petition. One Ms. Ashma Begum as a complainant lodged a complaint before the learned Chief Judicial Magistrate, Sivasagar, against the present petitioner, namely, Taj Islam Hazarika. Upon perusal of the said complaint, the learned Chief Judicial Magistrate passed his endorsement dated 03.05.2012 referring the same to police and thereupon Sivasagar Police Station Case No. 241 of 2012 under Sections 406/420 IPC was registered. As against the said FIR the present petitioner came before this Court and made a prayer for quashing of the FIR. Although this Court by order dated 02.08.2012 appeared to have stayed further proceeding of the said police case, yet police proceeded with the same and thereafter, submitted charge sheet on 10.09.2012. This development was brought to the notice of this Court and thereupon the earlier quashing petition vide Criminal Petition No. 490 of 2012 was closed by this Court on 21.01.2013. Under such circumstances, the petitioner has filed the present criminal petition seeking for quashment of the charge sheet dated 10.09.2012 submitted by police in Sivasagar, P.S. Case No. 241 of 2012 corresponding to G.R. Case No. 592 of 2012.

(2.) I have heard Mr. A. Alam, learned counsel for the petitioner as well as Mr. P. Bora, learned counsel for opposite party. I have also heard Mr. N.J. Dutta, learned Addl. Public Prosecutor, Assam, for opposite party No. 1.

(3.) Before deciding this criminal petition it is necessary to state the summarized facts of the case as placed by the respective parties. In the complaint which was treated as a written ejahar, the opposite party No. 2, being informant, stated that she had purchased a Tavera Vehicle on finance from the HDFC Bank at an EMI of Rs. 11,000/-. She continued paying the same till August 2008 but thereafter in view of sudden financial crisis looming over her family, she could not make payment of installment since September, 2008 and as such desired to dispose of the vehicle. The petitioner herein proposed to purchase the same and promised to repay the monthly installments of the Bank. Thereupon, a written agreement between the parties was executed on 09.09.2008. The informant states that she handed over the vehicle to the accused (petitioner herein) and believed that in terms of the aforesaid agreement he would be making payment to the Bank. She further stated that she received a sum of Rs. 1,85,000/- in cash from the accused but since the accused did not make payment to the Bank she was informed by the office of the Bank on 05.03.2012 that she should clear all the dues within a period of 7 days. According to the informant, she thereafter met the accused who promised her to make payment to the Bank. In the first week of April, 2012 the accused by making a telephonic call to her conveyed that he had already cleared all the loan of the HDFC Bank in her name. The informant believed in the accused, but later on she came to know that the accused really did not make 'any payment' to the Bank for which a criminal case was instituted by the Bank in Calcutta wherein non-bailable warrant of arrest was issued by the Calcutta Metropolition Magistrate against the informant. With these facts, the informant made a prayer for registration of appropriate case against the accused for his arrest and for a trial after investigation. Along with the said ejahar a copy of the agreement dated 09.09.2008, the registration certificate of the vehicle No. AS-06/F-5034 (Tavera) and a letter of the HDFC Bank issued on 5.3.2012 were also annexed.