Page No.# 1/3 GAHC010098512024 2025:GAU-AS:8119 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./583/2024 NITYA CHAKMA S/O KANUNGO CHAKMA, P/R/O VILL- KAMALAPUR, P.S.-PECHARTAL, DIST-NORTH TRIPURA, TRIPURA, PIN-799263 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SHYAMALAL PRAJAPATI S/O LATE HANUMAN MAL PRAJAPATI R/O HILL VIEW APARTMENT BLOCK-1 FLAT NO. C-2 RADHA NAGAR P.S.-DISPUR DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MS. D GHOSH, MS A HUSSAIN,MR. D K AGARWALA,MR A.K. HAJONG,MR. S. K. CHAKMA,MS H BETALA,MS N DEKA Advocate for the Respondent : PP, ASSAM, MR. S J SARMAH (R-2),MR. G G GOGOI (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18-06-2025 Heard learned counsel Mr. S.K. Chakma for the petitioner Nitya Chakma, Page No.# 2/3 who has filed this application under Section 482 of Code of Criminal Procedure, 1973 with prayer for quashing the FIR being Dispur Police Station Case No. 2141/2022 under Section 386/365 of Indian Penal Code, 1860 read with Section 77 of the Juvenile Justice Act read with Section 14/15 of Protection of Children from Sexual Offences Act, 2012. 2. Heard learned Additional Public Prosecutor Mr. B. Sarma for the respondent State and learned counsel Mr. G.G. Gogoi for the respondent No. 2. 3. It is submitted on behalf of the petitioner that his name is not mentioned in the FIR. There are vague allegations against a person named Alif. The name of the accused Alif has not been properly mentioned and the petitioner’s name is not Alif. However, during investigation, the petitioner was arrested in connection with this case and he was released on bail. 4. The allegation against the petitioner is that he has been threatening a 13 year old minor after taking obscene pictures of the minor with a girl and thereafter, extorting money from the minor. The informant found that money has been disappearing from the house and later, the victim i.e. grandson of the informant confessed that he was being blackmailed by the person named Alif. 5. Learned counsel for the respondent No. 2 has raised serious objection against the prayer of the petitioner. Learned Additional Public Prosecutor has submitted that the case is still at the stage of investigation. It is also submitted that there are incriminating materials against the petitioner although he claims to be innocent. 6. I have also scrutinized the Case Diary. Investigation is under progress. If Page No.# 3/3 any charge sheet may be laid against the petitioner, he can raise this issue at a later stage. 7. At this stage, it cannot be conclusively held that pendency of this case will be an abuse of the process of the Court or possibility of conviction appears to be remote and bleak. Thereby, this petition is dismissed. 8. In terms of the above observation, this petition stands disposed of. 9. Send back the Case Diary. JUDGE Comparing Assistant