DHIREN BAISHY & ORS. Vs. STATE

JUDGEMENT

(1.) (Oral)- With the help of the present revision petition, the petitioners, who are members of the police force, have approached this Court seeking to get set aside and quashed the complaint, lodged against them and some others, which has given rise to CR Case No. 586 of 2003 under sections 302/384 Penal Code of the Court of learned Sub Divisional Judicial Magistrate (Sadar), Goalpara.

(2.) I have heard Mr. MU Mahmud, learned counsel for the accused-petitioners, and Mr. FH Laskar, learned Addl Public Prosecutor, Assam.

(3.) The material facts and various, stages which have led to the present revision, may be set out as follows: (i) On 1.7.2003, a first information report was lodged at Jaleswar Police Outpost, by one Md Mokdam Sikdar alleging, inter alia, that the two accused persons named in the FIR namely, Omar Ali and Md Ali Hussain, sons of Md Juran Ali (since deceased), had assaulted informants daughter, Kanchan Mala, accused Omar Ali being the husband of Kanchan Mala, and when the informants wife, Mariam Nessa, went to the house of the said accused to bring Kanchan to her parental house, the two accused abused Mariam Nessa and drove her away. Based on this FIR, Lakhipur PS Case No.84 of 2003 under sections 324/294/34 of the Penal Code was registered against the said two accused persons.