MEHBUB RAHMAN BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned Senior counsel assisted by Mr. N. H. Laskar, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Addl. PP for the State of Assam and Mr. D. Chakraborty, learned counsel for the respondent No. 2/informant.

(2.) This is an application under Sec. 482 Cr.P.C. for quashing of the FIR of Silchar P.S. Case No. 3238/2021 registered under Ss. 147/302/427 IPC (corresponding to G. R. Case No.5319/2021).

(3.) The brief facts of the case is that on 25/9/2021, one Dalim Hussain Majumdar, informant of this case, lodged one F.I.R. before the Officer-in-Charge of Silchar P.S. alleging inter alia that his elder brother- Jasim Uddin Majumdar @ Bulbul Majumdar (deceased), who was having a shop-room at Sonabarighat Bazar, the accused along with other 20/25 persons came to his said shop-room and started demolishing the shop-room and the Mobile tower, situated attached to the shop, at around 5.30 am. When the deceased rushed to the place of occurrence, whereupon the accused persons assaulted him severely. On receipt of the information, the informant, along with some others, went to the place of occurrence and found his brother (deceased) in injured condition and somehow they recovered the brother (deceased) from the clutches of the accused and on being asked, he stated that the accused No. 1, i.e. the present petitioner, assaulted him on his chest. As his physical condition was very critical, he was immediately taken to Silchar Medical College and Hospital (SMCH) but the Doctor of SMCH declared him dead and accordingly, the FIR was lodged against the accused persons.