RUMI KUMARI PHUKAN,J. - (1.)Heard Mr. S Borthakur, learned counsel, appearing on behalf of the petitioners as well as Mr. P.S Lahkar, learned Addl. P.P., Assam, appearing for the State/respondent No.1. Mr. R. De, learned counsel appears for the respondent No.2/complainant.
(2.)The petitioners herein preferred the present petition under Sec. 482 CrPC for quashing the entire proceeding pertaining to C.R. Case No.78/2017 under Ss. 347/ 348/ 566/ 384/ 34/120(B) IPC including the order of taking cognizance dtd. 3/11/2017 and the order dtd. 13/9/2019 whereby the court has rejected the petition filed under Sec. 197 CrPC.
(3.)The brief facts that can be recapitulated from the record is that the respondent no.2 Prafulla Bhuyan, as complainant lodged a complaint before the learned CJM, Jorhat contending, inter alia that he purchased a plot of land of 5 Lecha covered by P.P. No.36 Dag No.485 Bongali Plot under Uttar Teok Mouza from one Bhakta Ch. Bora in lieu of some consideration and possessing the same since long and the respondent no.2/complainant also received compensation from the Government at the time of widening the National Highway. Suddenly, on 29/5/2017, one police officer from Teok Police station came to his residence and asked him to visit the police station at the earliest. Accordingly, as a duty bound citizen, he went to police station and found three police officials, Amarjyoti Gogoi, Gopal Doley and Romesh Oza there. Out of nowhere, the police officials asked him to vacate the land he possessed otherwise he was threatened to face dire consequences. They also offered Rs.10,000.00 for vacating the land and otherwise threatened to raise false non-bailable cases against him. Thereafter, he left for his house with one of the police constable. On the next day, on 1/6/2017, in his absence, the aforesaid police officials came to his house and unturned all the valuable articles of his house, resulting damage of various articles. They also used filthy language to his wife and threatened her of dire consequences if they do not comply with the instructions given by them. Then, again on 2/6/2017, the accused Amarjyoti and Gopal Doley came to his house and forcibly took him to the police station where he found the actual pattadar of the land, Punaram Bora who instigated police to harass respondent no.2/complainant to compel him to vacate the land, as he could not collect the entire compensation. The police personnel acted as per his instructions.