SOHIDUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr M Dutta, learned counsel for the petitioner and Ms S H Bora, learned Additional Public Prosecutor for the State of Assam. Also heard Mr P Kataki, learned counsel for the respondent Nos. 2 and 3.

(2.) The petitioner, Sohidul Ali @ Sohidul Islam has filed this application under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC for short), read with Ss. 397 and 401 CrPC seeking quashing of the order dtd. 9/6/2022, passed by the learned Chief Judicial Magistrate, Barpeta, in connection with Barpeta PS Case No. 1799 of 2019, granting interim custody of the petitioner's son to respondent No. 3.

(3.) The FIR unfolds exchange of a baby. The informant Abdul Mutalib Hussain's wife is Najma Khanam-Respondent No. 3 herein. On 5/5/2019, as the informant's (Respondent No. 2 for short) child was suffering from breathing problem, the child was admitted at NSCU in the evening and Form IR N 310 inborn was registered against the admission of the child. When the informant wanted to see his child again, he was not allowed to see his child and on the next date, i.e., on 6/5/2019 at about 11:00 a.m., the NSCU authority called him and handed over the dead body of a newborn baby. The informant, however noticed that the dead body was not of his child as his child weighed only 2 kgs at the time of his birth, whereas the dead body which was handed over to him was more than 2 kgs. Under queer circumstances, another woman named Najma Khatun, wife of Sohidul Islam of Gossaigaon was admitted and she too gave birth to a child. The informant's wife also took ill and she was admitted in the ICU and he was busy attending to his wife and this resulted in a delay in collecting the documents of his child.