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2013 DIGILAW 324 (GAU)

Musaffa Khan @ Mustafa (M. D. ) and Anr. v. State of Assam

2013-05-17

I.A.ANSARI, P.K.MUSAHARY

body2013
P.K. Musahary, J. Heard Mr. S.C. Biswas, learned counsel for the petitioners and Mr. D. Saikia, learned Addl. Advocate General, assisted by Mr. K.A. Mazumdar, Addl. P.P. Assam for the Respondent State. This application has been filed under Section 482 of the Cr.P.C. 1973 for quashing the Criminal Proceedings in connection with Goalpara P.S. Case No. 511/2010 registered under Section 302/307/326/427/34 IPC read with Section 3/48 of the Explosive Substance Act; r/w section 120(B)/109/121 IPC; read with Section 10/13 of U.A. (P) Act and Section 4 of the Prevention of Damage to Public Properties Act, 1948 and also criminal proceeding in connection with Latasil P.S. Case No. 134/2010 under Section 120B/121 IPC read with Section 10/13/20 of the U.A.(P)Act. 2. The aforesaid Goalpara P.S. Case No. 511/10 was registered on the basis of a written Ejahar dated 30.7.2010 received from Sri Bibal Ch. Das Bedi, O/C E/12 CRPF Goalpara Assam informing the SHO police station, Goalpara that on 30.7.2010 at 0750 hrs, when the CRPF party left for Rangagarh Firing Range via Goalpara for BOAC/Firing at about 08.10 p.m., some unknown members of the outfits planted LED on their vehicle bearing registration No. AS 01 Y 2408 near Nirmala Hospital at Balukduba Salbari causing death to 5 personnel and injuring 40 others, and also badly damaging the bus in which the CRPF personnel were travelling. 3. The aforesaid Latasil P.S. Case No. 134/10 was registered on the basis of a written FIR dated 30.7.2010 lodged by Deputy Commandant (GEN), Border Security Force, Geetanagar, Guwahati-24 informing the O/C Latasil Police Station, Guwahati that a specific information was received that some NDFB (AT) hardcore cadres had a plan to target Guwahati City on the eve of Independence Day. The said information was immediately shared with the city S.P.(Ops) and a joint operation was arranged. In a joint operation the Central Publicity Secretary of the NDFB (AT) along with two women cadres were apprehended on 29.7.2010 from the New Colony, Lankeshwar area under Jalukbari Police Station, Guwahati. From the said arrested persons one laptop, one printer, one portable DVD Player and 2 Mobile sets along with 13 Nos. of Sim Cards were recovered. In the joint operation, apart from the above persons, three more NDFB (AT) cadres were apprehended from Latasil Police Station area, Guwahati city. 4. From the said arrested persons one laptop, one printer, one portable DVD Player and 2 Mobile sets along with 13 Nos. of Sim Cards were recovered. In the joint operation, apart from the above persons, three more NDFB (AT) cadres were apprehended from Latasil Police Station area, Guwahati city. 4. It is stated that prior to lodging of the aforesaid FIRs and arrest of the outfit members/NDFB cadres the present petitioners were arrested on 7.8.99 in connection with Panbazar P.S. Case No. 321/99, corresponding to GR case No. 3403/1999. In the said GR case, a charge sheet was laid and charges were framed against seven accused persons including the present petitioners under Section 121/121(A)/122/153-Aread with Section 14 of the Foreigners Act r/w/Section 10/13 U.A.P. Act. All the accused persons denied the charges and stood trial in Sessions case No. 248(K)/02 registered in connection with the aforesaid GR case in the Court of Sessions Judge, Kamrup, Guwahati, which was made over to the Addl. Sessions Judge, FTC No. 4, Kamrup, Guwahati for disposal. In the judgment dated 12.6.08 delivered by the learned trial court in the aforesaid Sessions case, all the accused persons were acquitted of the charges under Section 120B/121A/122/153A/34 IPC read with Section 14 of the Foreigners Act. The present accused petitioner No. 2, Syed Fashiullah Hussain was, however, stood convicted under Section 14 of the Foreigners Act and sentenced to undergo rigorous imprisonment for 5(five) years and to pay fine of Rs. 1000/-. 5. Against the said acquittal order, the State preferred an appeal before this court, being criminal appeal No. 149/08. The said appeal has been heard and dismissed by this court vide judgment and order passed to-day upholding the order of acquittal passed by the learned trial Court. 6. The present accused petitioners were also shown arrested in connection with the SOU P.S. Case No. 01/99 corresponding to GR Case No. 3719/99 under Sections 120(B)/121/121)/122/124)/153)/34 IPC and the said case was committed to the Court of Sessions, Kamrup at Guwahati and the same was registered as Sessions Case No. 222(K)/04. In the said case, charges were framed against 7(seven) accused persons including the present petitioners No. 1. In the judgment dated 12.6.08, delivered by the Addl. Sessions Judge, FTC No. 4, Kamrup at Guwahati, all the accused persons were acquitted of the charges. In the said case, charges were framed against 7(seven) accused persons including the present petitioners No. 1. In the judgment dated 12.6.08, delivered by the Addl. Sessions Judge, FTC No. 4, Kamrup at Guwahati, all the accused persons were acquitted of the charges. The State of Assam preferred an appeal against the said order of acquittal, which was registered as Criminal Appeal No. 150/08. The said appeal was heard and dismissed by this court vide judgment and order delivered to-day upholding the order of acquittal passed by the learned trial court. 7. The petitioners were also shown arrested in connection with Paltanbazar P.S. Case No. 284/99 corresponding to GR Case No. 3361/99 under Sections 121(A)/123/147/148/307/353 IPC read with Section 25(1)A/27 of the Arms Act r/w Section 10/13 of the UA(P) Act but the said case was returned in FR vide FR No. 398/2000 and the same was accepted by the learned C.J.M. (K),Guwahati. No objection has been filed by anybody against the acceptance of the said FR. The said police case thus stood closed for want of material against the accused persons and the same has not been reopened. 8. The accused petitioners were further shown arrested in Dudhnoi P.S. Case No. 67/99 corresponding to GR case No. 503/99 under Section120B/121/121A/122/153A IPC. The said PS case was committed to the court of Sessions, Goalpara and a cast; being Sessions Case No. 72/2006 was registered. After a long trial, the accused persons, including the present petitioners,, were acquitted by the learned Sessions Judge, Goalpara vide judgment dated 12.8.2010. It is stated at the bar that no appeal has been filed by the State against the aforesaid order of acquittal. 9. On their acquittal, the learned Sessions Judge, Goalpara directed the jail authority to hand over the petitioner No. 2, being a Pakistani national, to the SP for taking necessary steps for deportation by the appropriate authority but without complying with the direction of the court, the SP Goalpara made a prayer before the District Magistrate, Goalpara to detain both the petitioners under the National Security Act, 1980. The District Magistrate allowed the said prayer and both the petitioners are, therefore, still languishing in jail for about 14 years. 10. In respect of Goalpara P.S. Case No. 511/10, the alleged occurrence took place on 30.7.2010 and the present accused petitioners were shown arrested on 15.9.2010. The District Magistrate allowed the said prayer and both the petitioners are, therefore, still languishing in jail for about 14 years. 10. In respect of Goalpara P.S. Case No. 511/10, the alleged occurrence took place on 30.7.2010 and the present accused petitioners were shown arrested on 15.9.2010. Similarly they were shown arrested on 21.8.2010 and 5.10.2010 in connection with Latasil P.S. Case No. 134/10 while they were already arrested in connection with other cases. On perusal of records in connection with Goalpara P.S. Case No. 511/10 and Latasil PS Case No. 134/10, we find no involvement of the present accused petitioners. The investigating agency could not collect any incriminating material against them, except strong suspicion that they are probably involved in the alleged offence inasmuch as some criminal cases have been registered in different police stations on different occasions against them. As already stated earlier, after the trial the accused persons have been acquitted in 3 cases due to failure of the prosecution to prove the charges brought against them. In another case, the deceased persons have been discharged due to filing of FR as stated above. Further, as stated above, this court has, vide judgment delivered to-day, dismissed the criminal appeals preferred by the State against the order of acquittal. 11. There remains only two criminal cases, namely Goalpara P.S. Case No. 511/10 and Latasil P.S. Case No. 134/10, which, in our considered view, are liable to be quashed inasmuch as a period of about 3 years have already elapsed and the petitioners have been detained in jail for about 14 years without being convicted in any of the aforesaid criminal cases. The present petitioners were convicted under Section 14 of the Passport Act in connection with Panbazar P.S. Case No. 321/99 and sentenced to undergo rigorous imprisonment for 5(five) years and pay fine of Rs. 1000/- in default to undergo rigorous imprisonment for another 6(six) months. The present petitioners have already served out the said sentence of five years as ordered by the learned trial Court and they are now entitled to be set at liberty. 12. 1000/- in default to undergo rigorous imprisonment for another 6(six) months. The present petitioners have already served out the said sentence of five years as ordered by the learned trial Court and they are now entitled to be set at liberty. 12. In the facts and circumstances of the case, we are of the view that the further continuance of the proceedings in the Goalpara P.S. Case No. 511/10 and Latasil P.S. Case No. 134/10 would cause undue harassment to the present petitioners and it would cause an abuse of the process of the court and as such, for the ends of justice, the proceedings in question are liable to be quashed. Accordingly, the criminal proceeding in Goalpara P.S. Case No. 511/10 and Latasil P.S. Case No. 134/10 are hereby quashed. The petitioners be set at liberty if their further detention is not required in connection with any other case/cases. This petition stands allowed and disposed of. Send down the LCRs. _