Crl.Pet. 781/2015. Gauhati High Court

Case NumberCrl.Pet. 781/2015
Judgement DateJuly 14, 2019
CourtGauhati High Court

Crl. Pet. No. 781 of 2015

BEFORE

HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK 14.07.2017

Heard Mr. Tanmay Jyoti Mahanta, learned senior counsel assisted by Ms. Panchali Bhattacharya, learned counsel for the petitioner. Also heard Mr. Bhaskar Jyoti Dutta, learned Additional Public Prosecutor appearing for the State, Respondent No. 1.

  1. Office note reveals that notice on the Respondent No. 2 was duly served and the Registry has received back the AD card after such service of notice on the said respondent. But, the Respondent No.2 has not entered appearance in the matter and as such the matter proceeded ex-parte against him.

  2. The Respondent No. 2. as an informant on 16.07.2013 lodged an FIR before the Officer-in-Charge of Diphu Police Station stating that he a third semester student of the Diphu Government College, Diphu at Karbi Anglong District and that when he went to the Principal of the said College i.e. the present petitioner, on the said date around 03:50 pm to complain him regarding the irregular classes of the Economics in said College and then instead of responding/ accepting to his said prayer, said Principal/ petitioner assaulted him, slapped him, torn his shirt and also pushed him out in presence of many students and staff. In the said FIR, it is also stated by the said informant that though he was a former NCC Cadet, said Principal blamed him of consuming drugs and by the same, the informant requested the police authority to take necessary action. Accordingly, Diphu P.S. Case No. 105/ 2013 corresponding to G.R. No. 477/ 2013 under Sections 294/ 342/ 325 I PC was registered against the petitioner.

    Crl. Ptn. No. 781 of 2015 Page 1 of 4

  3. After conclusion of the investigation, the concerned Investigating Officer vide No. 49/ 2013 dated 31.08.2013 file the Chargesheet in the said Diphu P.S. Case No. 105/ 2013 against the petitioner under Sections 294/ 323 I PC.

  4. The learned Magistrate First Class, Karbi Anglong, Diphu took cognizance of the offences under Section 294/ 323 I PC in the said G.R. Case No.477/ 2013 arising out of Diphu P.S. Case No.105/ 2013 against the petitioner and issued summons to him for his appearance in the case.

  5. Being aggrieved with the said Chargesheet No. 49/ 2013 filed on

    31.08.2013 in said Diphu P.S. Case No. 105/ 2013 corresponding to G.R. Case No.477/ 2013 as well as in taking cognizance of offences under Sections 294/ 323 I PC and in issuing summons in the said GR Case, the petitioner has preferred this...

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