Page No.# 1/6 GAHC010082092025 2025:GAU-AS:8605 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./459/2025 KUSHAL NEOG S/O SRI KHAGEN NEOG, R/O VILLAGE- BODULA ATI, PS NARAYANPUR DISTRICT LAKHIMPUR, ASSAM PIN-784164 VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM 2:LAKHI HAZARIKIA W/OLATE ROBIN HAZARIKA R/O ORNOIGURI W/N-1 (B) P.S.NARAYANPUR DIST. LAKHIMPUR ASSAM PIN-78416 Advocate for the Petitioner : MR. J HATIMURIA, MR. N M DAS Advocate for the Respondent : PP, ASSAM, MR. D N BORAH (R-2),MR. P BORDOLOI (R-2) Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 25.06.2025 Heard Mr. H. Baruah, learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1 and Mr. P. Bordoloi, learned counsel appearing for the respondent No.2. 2. By way of this petition, the petitioner is seeking, inter alia, quashing of the impugned order dated 08.11.2024 passed by the learned Judicial Magistrate First Class, Lakhimpur, North Lakhimpur (hereinafter referred to as the “trial court”), in PRC Case No. 631/2024, whereby cognizance was taken against the accused/petitioner under Sections 230/74/351(2)/115(2) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS, 2023”). 3. The brief fact of the case is that on 14.09.2024, the informant/respondent No.2 had lodged an F.I.R., at Narayanpur Police Station against the accused/petitioner alleging, inter alia, that on 13.09.2024 at night the accused/petitioner assaulted her at Phulanithan, Narayanpur and abused her by using obscene language and also threatened to kill her two sons. Accordingly, a case was registered against the accused/petitioner. 4. Upon completion of investigation, Charge-Sheet vide No. 41/2024 dated 26.09.2024 was submitted against the accused/petitioner before the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, who then transferred the case to the trial court vide order dated 08.11.2024. Thereafter, on the same date i.e., Page No.# 3/6 08.11.2024, the trial court, took cognizance against the accused/petitioner under Sections 230/74/351(2)/115(2) of BNS, 2023 and issued summons against him by fixing the next date of appearance on 10.12.2024. Being aggrieved by the aforesaid order of the trial court, the present criminal petition has been filed. 5. Mr. H. Baruah, learned counsel appearing for the petitioner, submits that since no prima facie ingredients of section 230 of BNS, 2023 is being made out from the body of the F.I.R., and the material available on record, the impugned cognizance by the trial court is bad in law. He however, fairly concedes that as per the remaining sections under which cognizance has been taken, the accused/petitioner is ready and willing to face the trial. 6. Similarly, Mr. P. Bordoloi, learned counsel for the respondent No.2, submits that a prima facie reading of the F.I.R., disclose no offence under Section 230 of BNS, 2023. 7. Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1, also concedes to the aforesaid. 8. I have given my prudent consideration to the arguments advanced by the learned counsel for both the contending parties and also perused the material available on record. 9. In view of the submission made by the learned counsel appearing for the petitioner to the effect that the impugned order of cognizance is challenged to the extent of taking cognizance under Section 230 of the BNS, 2023, against the petitioner, I shall confine myself to whether the aforesaid cognizance against the petitioner Page No.# 4/6 under Section 230 of the BNS, 2023 is bad in law. 10. Apt to reproduce the F.I.R., dated 14.09.2024, which reads as hereunder:- “To, The Officer-in-Charge, Narayanpur Police Station Subject: Ejahar Informant: S,ti. Lakhi Hazarika, W/o- Late Rabin Hazarika, R/o- Vill : Mornoiguri 1 No. Ward, P.S- Narayanpur. Accused: Sri Kushal Neog, S/o- Unknown, Vill: Badula Ati, 1 No. Ward (A), P.S.- Narayanpur. Sir, With due respect I beg to state that today i.e., on 13/09/2024, the Informant provided food for the public at a Bhagavat recital and explanation event held in the premises of Sri Sri Phuloni Than. the Informant spent whole day with physical and mental distress. The sad part is that during the night's event, the accused used obscene language towards me, laid hands on me and pushed me away. He also threatened to kill my two sons as well as assaulted them. It is therefore prayed you to provide justice to Informant by taking necessary action against the accused person. Yours faithfully Sd/- Lakhi Hazarika” 11. Reading the aforesaid F.I.R., it appears that upon the allegations made therein as regards that on 13.09.2024 when the informant/respondent No.2 was providing food for the public at Bhagavat recital held in the premises of Sri Sri Phuloni Than, the accused/petitioner during the night of the aforesaid event used obscene language towards her, laid hands on her and pushed her Page No.# 5/6 away, and also threatened to kill her two sons as well as assaulted them, a case was registered under Sections 230/74/351(2)/115(2) of BNS, 2023. 12. Apt to reproduce Section 230 of the BNS, 2023, which reads as hereunder: - “230- Giving or fabricating false evidence with intent to procure conviction of capital offence- (1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees. (2) If an innocent person be convicted and executed in consequence of false evidence referred in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment hereinbefore described.” 13. Reading the aforesaid provision, it appears that in order to establish an offence under Section 230 of the BNS, 2023, one has to give or fabricate false evidence with intent to procure conviction of capital offence. In the instant case, there is no such allegation made in the F.I.R., so as to attract the provision of Section 230 of the BNS, 2023. Hence, no offence under Section 230 of the BNS, 2023 is made out. Accordingly, the impugned cognizance order dated 08.11.2024 passed by the trial court, in PRC Case No. 631/2024, to the extent of taking cognizance under Section 230 of the BNS, 2023, is bad in law. Hence, the impugned cognizance under Section 230 of the BNS, 2023, against the petitioner under the impugned order dated 8.11.2024, passed by the learned Judicial Magistrate First Class, Lakhimpur, North Page No.# 6/6 Lakhimpur is hereby set aside and quashed. It is needless to clarify that the trial shall continue in respect of the remaining charges. 14. The criminal petition is accordingly disposed of. JUDGE Comparing Assistant