KALINDRA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.C. Das, learned counsel for the petitioner as well as Mr. K.K. Das, learned Addl. P.P. for respondent no. 1.

(2.) The petitioner, namely, Kalindra Roy, has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (CPC for short) with prayer for quashing the proceedings of G.R. Case No. 1341/2017 arising out of Agia P.S. Case No. 117/2017, registered under Sec. 287/338 IPC. The informant is arrayed as respondent no. 2. The FIR unfolds that on 2/7/2017 at about 1.00 P.M., the informant's husband Bubul Barman went for husking paddy in the Husking Mill owned by Parin Roy. As Bubul Barman was pouring paddy, a pigeon from Parin Roy's house came flying, which got the Gamocha worn by Bubul Barman stuck to the fan and as a result Bubul Barman sustained grievous injuries on his belly. He was taken to the nearest Primary Health Centre at Agia and thereafter, he was taken to the Goalpara civil Hospital for treatment. From Goalpara Bubul Barman was referred to the GMCH for better treatment. There was a delay in lodging the FIR, as the respondent no. 2 was busy with her husband.

(3.) The FIR was registered as Agia P.S. 117/2017, under Sec. 287/338 IPC. Investigation commenced and finally, charge-sheet was laid against the petitioner under Sec. 287/338 IPC. Notices were served upon the respondent no. 2 i.e. the informant but the respondent no. 2 failed to appear.