MADHAB KRISHNA GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Majumdar, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Also heard Mr. S. Gogoi, the learned counsel for the Respondent No.2.

(2.) This application under Sec. 528 of BNSS, 2023 has been filed by the petitioner, namely, Sri Madhab Krishna Goswami, praying for quashing of the criminal proceedings of PRC Case No. 100/2023, pending before the Court of the learned Sub-Divisional Judicial Magistrate(M), Jonai. The aforesaid PRC Case was registered on the filing of the charge-sheet, after completion of the investigation which was initiated after filing of an FIR by the victim girl on 25/3/2023. On the basis of the said FIR, the Simen Chapori P.S. Case No. 14/2023 was registered under Ss. 376(2)(k)/376(2)(n)/509 of the Indian Penal Code.

(3.) The facts relevant for consideration of the instant Criminal Petition, in brief, are that on 22/3/2023, the victim girl, hereinafter referred to as "X", had lodged an FIR before the Officer-in-Charge of Simen Chapori Police Station. In the said FIR, it has been alleged that the victim/first informant, was a resident/student of Sri Sri Sewa Ashram situated at Silapathar of Dhemaji District, since she was four years of age. It was alleged in the FIR that the petitioner, who was the head of the Director of Sewa Ashram, by showing on various pretexts, used the victim girl as housemaid to look after his disabled child.