ANUWARA BEGUM Vs. STATE OF ASSAM
LAWS(GAU)-2018-10-104
HIGH COURT OF GAUHATI
Decided on October 31,2018

Anuwara Begum Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

AJIT BORTHAKUR, J. - (1.) Heard Mr. A. Deb, learned counsel for the petitioner and Mr. B. Gogoi, learned Additional Public Prosecutor, Assam for State respondent No. 1. Also heard Mr. P. C. Dey, learned counsel appearing for respondent No. 2.
(2.) By this petition filed under Section 482 of the Code of Criminal Procedure (for short, Cr.P.C.'), the petitioner has prayed for quashing and setting aside the impugned order, dated 05.11.2009, passed by the learned District Magistrate, Karbi-Anglong, Diphu, Assam in G. R. Case No. 605/2008 by accepting the Final Report vide Howraghat P.S. F.R. No. 22, dated 31.10.2009, submitted by the investigating officer, in connection with Howraghat P.S. Case No. 87/2008 under Sections 368/506/34 of the IPC.
(3.) The petitioner's case, in a nutshell, is that she lodged a First Information Report (F.I.R.), on 22.10.2008, with the Officer-in-Charge, Nagaon Police Station, Assam alleging, inter-alia, that on 29.09.2008, the respondent No. 2, Sarthe Tisso, who was known to her husband and his friend, whose name was not known to her, but knew only as a person belonged to the Karbi community, persuaded her husband Mokbul Hussain to accompany them from their home, on the pretext of discussing some business matter. Subsequently, Sarthe Tisso hired an Indica Car bearing registration No. AS-01S-5700 driven by one Mukles Hussain and left for the house of Sarthe Tisso, who is a resident of Howraghat along with one Krishna, the owner of Christianpatty Prajapati Bibah Bhawan, Nagaon. Since then, her husband Mokbul Hussain did not return. On enquiry about her husband's whereabouts, Krishna told her that her husband would come later. Krishna threatened her not to inform the police about the said matter. Based on the reply of Krishna, she suspected that Sarthe Tisso and his Karbi companion had confined her husband after abduction in a pre-planned manner. She further enquired about the whereabouts of her husband, from the driver of the said Indica Car, Mukles Hussain informed her that Sarthe Tisso and his Karbi companion had confined her husband. She also stated that due to threat received from the said persons, the F.I.R., was lodged late. Based on the aforesaid F.I.R., initially Nagaon P.S. Case No. 1145/2008 under Sections 368/506/34 of the IPC was registered and thereafter, on transfer through Nagaon Court, registered as Howraghat, P.S. Karbi- Anglong Case No. 87/2008 under Sections 368/506/34 of the IPC, dated 14.11.2008. The Police of Howraghat P.S., after completion of investigation submitted the Final Report No.22, dated 31.10.2009 to the Court of learned Additional District Magistrate, Karbi-Anglong, Diphu mentioning that the allegations made in the F.I.R. was true, but there was no evidence against the respondent No. 2 Sarthe Tisso and no clue about the whereabouts of the petitioner's husband. The aforesaid Final Report was accepted by the said Court and accordingly discharged the respondent No. 2 from the liability of the case vide the impugned order, dated 05.11.2009, passed in G.R. Case No. 605/2008.;


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