UBAIDULLAH MASKUR BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. P.P. for State Respondent No. 1 and Mr. B. Saharia, learned counsel for respondent No. 2.

(2.) The petitioners namely, [1] Ubaidullah Maskur Barbhuiya and [2] Nurulla Mansur Barbhuiya @ Nur Ullah Monsur Barbhuiya have filed an application under Sec. 482 of the Code of Criminal Procedure [Cr.PC for short] with prayer for quashing a First Information Report [FIR for short] of Algapur P.S. Case No. 18/2022 under Ss. 364(A)/34 of Indian Penal Code [IPC for short] and the proceeding of the G.R. Case No. 144/2022.

(3.) The FIR unfolds that on 23/1/2022 at about 7/8 PM Masuk Ahmed Barbhuiya went to Badarpur for an urgent work along with Baharul Islam Barbhuiya. While they were returning home at about 9:30 PM an Alto car without any registration number stopped in front of the Ford Vehicle occupied by Masuk Ahmed Barbhuiya near Chiparsangan Bridge. The miscreants in the Alto car kidnapped Baharul Islam Barbhuiya who was with Masuk Ahmed Barbhuiya in the car. At about 11.30 PM the kidnapers made a phone call to the mobile phone of a neighbour Hussain Ahmed Laskar. The kidnappers demanded a ransom of Rs.15.00 lacs to release Baharul Islam Barbhuiya. They also threatened to kill the victim if the ransom was not paid. On 24/1/2022 at about 9 AM phone calls were made from different numbers demanding Rs.30.00 lacs and again Rs.11.00 lacs as ransom which was to be paid in exchange of the kidnapped victim who was to be released at ISBT, Silchar. The kidnappers again made a phone call to Sahed Ahmed Mazumdar demanding the ransom. Masuk Ahmed Barbhuiya's wife Taslim Monir lodged the FIR.