Decided on May 10,2018

Satya Narayan Thakur And Ors. Appellant
STATE OF ASSAM And ANR. Respondents


AJIT BORTHAKUR,J. - (1.) This is a petition under Section 482 read with Section 397/401 Cr.P.C., praying for quashing the Fatashil Ambari P.S. Charge-Sheet Nos.05/2015, dated 27.01.2015 and 05/2015 (B), dated 14.08.2015, filed by the investigating officer under Section 173 (2) Cr.P.C., against the petitioners as well as the impugned order, dated 12.07.2016, passed by the learned Special Judicial Magistrate, Kamrup (M) at Guwahati in G. R. Case No. 121/2015 under Sections 326/506/34 IPC.
(2.) Heard Mr. T. H. Hazarika, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. PP, Assam, for respondent No. 1 and Mr. U. K. Barman, learned counsel for respondent No. 2.
(3.) The petitioners' case, precisely, is that the respondent No. 2 lodged an FIR, on 4.1.2015, with the Officer-in-Charge of Fatashil Ambari P.S., Guwahati alleging that on that day at about 10 PM, the petitioner No. 3 was found pooping his dog in front of his house and when resisted, he called his elder brother, the petitioner No. 1. Thereafter, the petitioner No. 2 assisted by petitioner No. 2 assaulted in his hand and head by means of a 'dao' and when his daughter resisted them both, they assaulted her in hand by the 'dao'. The petitioner No. 1 further abused and threatened and slapped them and delivered punch blows. As a result, both of them sustained injuries. Based on the said FIR, Fatasil Ambari P.S. Case No. 06/2015 under Section 341/326/506/323/34 IPC, dated 04.01.2015, was registered. The police sent the injured informant, his son and daughter for medical examination in Gauhati Medical College and Hospital (for short, 'GMCH') and the doctor, after their examination held the opinion that they sustained simple injuries. Accordingly, on completion of investigation, the police submitted Fatasil Ambari P.S. Charge-Sheet No. 05/2015 under Section 341/323/506/34 IPC against the petitioners. Subsequently, however, additional Charge-Sheet, being Fatasil Ambari P.S. Case No. 06/2015 under Section 341/326/506/323/34 IPC was filed against the petitioners as the medico-legal report on the injury of the informant's daughter, issued by Marwari Hospital and Research Centre, Guwahati, dated 07.09.2015, showed that the nature of injury she sustained was grievous in nature. Accordingly, the learned trial Magistrate, after hearing the learned counsel of both the sides and consideration of the materials placed, having found prima facie materials, framed charges under Section 326/506/34 IPC and read over the charges to the petitioners to which they pleaded not guilty.;

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