LALIT CH. BORAH Vs. SARFARAZ ALAM

JUDGEMENT

(1.) Heard Mr. I.A. Hazarika, learned counsel for the petitioner. Also heard Mr. A.K. Gupta, learned counsel for the respondent no. 1 and Mr. D. Das, learned Addl. P.P. for respondent no.

(2.) The petitioner, namely, Lalit Chandra Borah, has filed this application under Sec. 397/401 Cr.P.C. read with Sec. 482 of the Code of Criminal Procedure (Cr.P.C. for short), against the impugned judgment and order dtd. 22/2/2017 passed by the learned Additional Sessions Judge No. 2 (F.T.C), Tinsukia in Criminal Revision No. 24(2) of 2016. Vide order dtd. 22/2/2017, learned Additional Sessions Judge No. 2, (F.T.C.) at Tinsukia, set aside the impugned order dtd. 12/4/2016 passed by the learned Addl. C.J.M., Tinsukia in connection with C.R. Case No. 65/2015 and partly allowed the revision petition, directing the learned Addl. CJM to take cognizance u/s 120-B/385 IPC against the petitioner.

(3.) The genesis of the case was that the respondent no. 1, Md. Sarfaraz Alam, filed a complaint petition before the learned Chief Judicial Magistrate, at Tinsukia, which was registered as C.R. Case No. 65c/2015. It was contended through the complaint that on 25/6/2015, at about 2:15 P.M., the complainant along with Jahangir Alam, Manjar Islam, Zakir Alam, Prince Jaiswal and some others went to the house of accused No. 2, Md. Bilaluddin, who sustained injuries in a public assault, in retaliation of an accident on 23/6/2015 at Chotahapjan under Makum P.S., as the bus driver fled away after the accident, the accused no. 2 Md. Bilaluddin was assaulted by the public and the accused No. 3 named in the complaint petition lodged an FIR, registered as Makum P.S. Case No. 191/2015 and in connection with the Makum P.S. Case No. 191/2015, the respondent no. 1, elder brother (cousin) Md. Samim Mohammad was arrested. It is contended that the FIR was concocted and the Officer-in-Charge of Makum P.S. Shri Lalit Borah (hereinafter referred to as petitioner) was actively involved in foisting the case to extort money with threats of injury.