Crl.Pet. 524/2016. Gauhati High Court
| Case Number | Crl.Pet. 524/2016 |
| Judgement Date | July 14, 2019 |
| Court | Gauhati High Court |
Crl. Pet. No. 524 of 2016
BEFORE
HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK
14.07.2017
Heard Mr. Mahammad Ali Sheikh, learned counsel for the petitioners and Mr. Nava Kumar Kalita, learned Additional Public Prosecutor, Assam appearing for the State opposite party No. 1. Also heard Md. Moinul Hoque Choudhury, learned counsel for opposite party No.2, complainant.
The opposite party No.2 as complainant on 03.05.2016 lodged a criminal complaint before the Chief Judicial Magistrate, Bongaigaon being CR Case No. 53 C / 2016 against the petitioners alleging offences under Sections 161/ 341/ 323/ 294 I PC stating that on 27.04.2016, he filed an application under Right to I nformation Act, 2005 before the Public I nformation Officer in the Office of the Circle Officer, Bongaigaon seeking certain documents. Said complainant stated that as he was told to come on the very next day for the documents, he accordingly reported before the concerned PI O of the Circle Office, Bongaigaon, but he was not attended by the concerned official. As such, he again went to the said office after three days of filing the said RTI application and asked the authority to provide him the required information. I t is stated by the complainant that from the concerned Lat Mandal of the Revenue Authority of Bongaigaon, he could come to know that documents were already made ready and later the complainant was asked to come to the chamber of the Head Assistant of the said office and asked him for an amount of Rs.2,000/ - and stated that the accused No. 1, the present petitioner told him that unless the said amount of Rs.2,000/ - is paid, he won’t get the report, to which the complainant protested and for which he was misbehaved and was abused with foul language. I t also alleged by the complainant that when one of the witnesses tried to pacify the situation, the accused No. 1/ present petitioner No.1 hit him with hand.
On the basis of the said complaint, in CR Case No. 53 C / 2016 after recording the statement of said complainant/ opposite party No. 2 under Section 200 Cr.P.C.,
Crl. Ptn. No. 524 of 2016 Page 1 of 5
learned Judicial Magistrate, 1st Class, Bongaigaon by his order dated 11.05.2016, took cognizance of the offences under Sections 341/ 323/ 294 I PC against the petitioners herein and issued summons to them fixing 30.05.2016 for their appearance. Since summons in the said CR Case No. 53 C / 2016 were issued lately,
i.e. only on 16.06.2016, learned magistrate fixed...
To continue reading
Request your trial