ABDUL SUKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. F.K.R. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P. for the respondent Nos. 1 and 2 (State) and Mr. S.Y. Ahmed, learned counsel for respondent No. 3.

(2.) The petitioner Abdul Sukur has filed an application under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) read with Sec. 397 Cr.PC for quashing the impugned order dtd. 11/8/2021 passed in Case No. PRC 1109(H)/2021 arising out of Murajhar P.S. Case No. 223/2021 passed by the learned Chief Judicial Magistrate (CJM for short) Sankardev Nagar, Hojai and for quashing and setting aside the Charge Sheet No. 238(A)/2021 dtd. 18/8/2021 forwarding seven (7) accused under Ss. 147/302/325 of the Indian Penal Code (IPC for short).

(3.) The FIR unfolds that Saifuddin and Kala Miya indulged in eve teasing and the victim was 'X'. The informant 'Y' was the aunt of the victim. When the victim informed the informant of being harassed by Saifuddin and Kala Miya, the informant's husband took the victim 'X' to the house of Saifuddin and Kala Miya and there was a discussion between the guardians but the youths Saifuddin and Kala Miya denied of having harassed the victim 'X'. A fight broke out between both the sides and Abdul Wahid, Abdul Sohid and Mustafa Ahmed who were also a part of the group assaulted the informant's husband with a wooden plank. Thereafter the other accused named in the FIR joined in. The informant's young child and nephew tried to save her husband but unfortunately her husband succumbed to his injuries. The victim's husband who died in the incident was Abdul Basit.