KAMALA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.J. Daimari, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Addl. P.P. for the State respondent.

(2.) The instant proceeding has arisen out of an application filed by the petitioner, Kamala Begum, under Sec. 528 BNSS,2023, seeking quashing of FIR giving rise to Kaliabor P.S. Case No.97/2023 and the subsequent charge-sheet dtd. 3/8/2023, filed after completion of investigation.

(3.) The background facts are that one FIR dtd. 3/11/2023 was lodged at the Kaliabor police station with the allegation that on 2/11/2023, in the wee hours at around 01.30 am, upon information from reliable sources, a Naka checking was laid on NH-37, during which one 16-wheeler truck bearing registration number AS-01-PC-1278 was found to be carrying 30 numbers of ox in a pathetic condition without food or water. The driver Noor Islam Khan and handyman Dildar Hussain were apprehended and upon being questioned, they stated that the vehicle was loaded with cattle from Silapathar, Dhemaji and were being carried to Meghalaya.