JUDGMENT C.R. Sarma, J. 1. Heard Mr. A.K. Bhowmik, learned senior counsel assisted by Mr. R. Datta, learned counsel, appearing for the petitioner and Mr. R.C. Debnath, learned Special P.P., appearing for the State-respondent. 2. This application, filed under Section 482 Cr.P.C., the petitioner, namely, Sri Pradip Rauth, who is an accused in G.R. Case No. 185/2002, has prayed for quashing the charge sheet submitted against him in connection with Kumarghat P.S. Case No. 49/2002 (GR Case No. 185/2002) under Sections 489(B)/489(C) and under Sections 109/489(D)/489(C) of the Indian Penal Code (herein after called the "IPC"). 3. The prosecution case, in brief, is that, on 20.09.2002, Sri Girindra Nama, one of the accused persons in the said case, was found in possession of 16 numbers of hundred rupee denomination-Indian currency notes, which were suspected to be counterfeit. Accordingly, police seized the said notes from his possession. Subsequently police recovered another 24 numbers of hundred rupee notes from his house. During his custody with the police, Sri Girindra Nama disclosed that he received the fake currency notes from Sri Pradip Rauth i.e. the present petitioner. Accordingly, police searched the house of Sri Pradip Rauth and found nothing incriminating. The currency notes, recovered from Sri Girindra Nama, were sent for examination. The Bank Note Examiner, after examining the notes, reported that the 16 numbers of notes, which were seized from the possession of Sri Girindra Nama were counterfeit and that remaining currency notes were genuine. During the investigation, police arrested Sri Girindra Nama and as the petitioner absconded, he could not be arrested. At the close of the investigation, police submitted charge sheet against Sri Girindra Nama showing Sri Pradip Rauth an absconder. Accordingly, charge was framed against Sri Girindra Nama under Section 489(B) and 489(C) IPC. Considering the evidence on record, the learned Additional Sessions Judge, North Tripura, Kailashahar acquitted Sri Girindra Nama and set him at liberty forthwith. 4. By filing this petition under Section 482 Cr.P.C., the petitioner namely, Sri Pradip Rauth has challenged the charge sheet on the ground that no case was made out against him. 5. Having heard the learned counsel appearing for both the parties and considering the materials on record, it is found that the charge sheet, against the petitioner, has been filed relying on the disclosure made by Sri Girindra Nama, who was a co-accused in this case.
5. Having heard the learned counsel appearing for both the parties and considering the materials on record, it is found that the charge sheet, against the petitioner, has been filed relying on the disclosure made by Sri Girindra Nama, who was a co-accused in this case. Sri Girindra Nama has already been acquitted by the learned Additional Sessions Judge by his Judgment & Order, dated 24.08.2005, passed in S.T. 49 (NT/K)/2005. Sri Girindra Nama, being one of the co-accused, his statement involving the petitioner is hit by Section 30 of the Evidence Act. Except the statement of the said co-accused, there is nothing incriminating against the petitioner. That apart, no recovery has made from the petitioner. As there is no incriminating material against the petitioner, there is no point in proceeding against him with the trial in the said G.R. case. In view of the above, the continuance of the proceeding against the petitioner will amount to misuse of the process of the Court, resulting unnecessary harassment to the petitioner. 6. Considering entire aspect of the matter, I am of the opinion that this is a fit case to quash the charge sheet, exercising the jurisdiction vested by Section 482 Cr.P.C. 7. In view of the above, charge sheet, pending against the petitioner, in connection with G.R. Case No. 185 of 2002, before the Court of the learned Chief Judicial Magistrate, Kailashahar, North Tripura, is quashed. 8. Accordingly, this Criminal Petition is allowed. 9. Return the L.C.R. Petition allowed