Page No.# 1/4 GAHC010064092025 2025:GAU-AS:3838 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./369/2025 SWAPAN MEDHI S/O JOY MEDHI, R/O VILL-HAHORA, HULAKHUL,P.O HULAKHUL, P.S. SONAPUR, DIST. KAMRUP (M). VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SMTI KALI DAS W/O SRI NIKUNJA LAL DAS R/O VILL-HAHORA HULAKHUL P.O. HULAKHUL P.S. SONAPUR DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR S SARMAH, Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 01-04-2025 Heard Mr. Sidhartha Sarmah, learned counsel for the petitioner and Mr. Mridupawan Goswami, learned Additional Public Prosecutor, Assam for the State. 2. The petitioner, namely, Swapan Medhi has filed this criminal petition under Section 528 BNSS, 2023 praying to set aside and quash the criminal proceeding being P.R. Case No. 2942/2022, arising out of Sonapur P.S. Case No. 05/2019 under Sections 341/376 IPC corresponding to G.R. No.79/2019. 3. It is contended by the petitioner that though the FIR dated 02.01.2019 lodged by the complainant does not disclose any such offence under Section 376 IPC, police after completion of the investigation of the case, vide No.87/2022 dated 26.08.2022 submitted the Charge-Sheet in said Sonapur P.S. Case No. 05/2019 against the petitioner under Sections 341/376 IPC. It is also stated by the petitioner that the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati by order dated 03.12.2022 passed in P.R. Case No. 2942/2022 arising out of said Sonapur P.S. Case No. 05/2019 took cognizance of the offence under Sections 341/376 IPC against the petitioner and issued summons to him. On receipt of summons in said P.R. Case No. 2942/2022, the petitioner appeared before the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati. 4. As Section 376 IPC is exclusively triable by the Court of Sessions, the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati by order dated 27.01.2025 committed the said P.R. Case No. 2942/2022 (arising out of Sonapur P.S. Case No. 05/2019) to the Court of learned Sessions Judge, Kamrup (Metro), Guwahati directing the petitioner to appear before the Court of learned Sessions Judge, Kamrup (Metro), Guwahati on 21.03.2025 allowing the petitioner to remain on previous bail till his such appearance before the learned Sessions Judge, Kamrup (Metro) at Guwahati, as directed. 5. Mr. 5. Mr. Sarmah, learned counsel for the petitioner placing the charge-sheet of the case Page No.# 3/4 submitted that except the statement of the complainant, no one had seen the petitioner of committing the crime as alleged, nor the charge-sheet of the case contains any such materials or ingredients for incorporation of Section 376 IPC against him. 6. On perusal of the FIR of the case lodged by the complainant on 02.01.2019 before the Officer-in-Charge of Sonapur Police Station, annexed to this petition, it can be seen that the complainant in her said FIR implicated the petitioner that in the evening hours on 01.01.2019, while she was on the road way back to her house at Hahora, Hulakhul, the petitioner at around 06:00 pm grabbed her from backside in front of the house of one Dharmeswar Rabha and taking the advantage of darkness in the place of occurrence, the petitioner touched her private parts and tried to commit rape on her. Because of such act of the petitioner, as the complainant made hue and cry to save herself, said Dharmeswar Rabha after hearing her cry, came out of his house to save her and seeing said Dharmeswar Rabha, the petitioner left her and fled away in his two wheeler threatening her that if she discloses the said incident to other, he shall kidnap her, shall commit rape on her and also shall kill her. 7. From the copy of the charge sheet annexed to this petition, it is seen that police during investigation of the case, found sufficient materials against the petitioner under Sections 341/376 IPC and along with the said charge sheet also submitted the medical report of the victim/complainant. From the order dated 27.01.2025, passed by the learned Additional CJM, Kamrup (M), Guwahati in said P.R. Case No. 2942/2022 annexed to this petition, it can be seen that statement of the victim/complainant recorded under Section 164 CrPC was also furnished to the petitioner. 8. Considering such materials as available in the case records, in the charge sheet filed in said Sonapur P.S. Case No. 05/2019 as well as the FIR of said Sonapur P.S. Case No. 05/2019, the Court did not find any infirmity in the order dated 27.01.2025, passed by the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati in P.R. Case No. 2942 of 2022, arising out of Sonapur P.S. Case No. 05/2019, requiring to set aside and quash the charge-sheet No. 87/2022 dated 26.08.2022 submitted in said Sonapur P.S. Case No. 05/2019 in exercise of the inherent powers conferred under Section 528 of the BNSS, 2023 to secure the ends of justice, as the petitioner failed to establish that there was an abuse of the process of the Court of learned Additional Chief Judicial Magistrate, Kamrup (Metro), Page No.# 4/4 Guwahati in taking cognizance of the offences under Section 341/376 IPC by the order dated 03.12.2022 passed in said P.R. Case No. 2942/2022 as well as the charge-sheet No. 87/2022 dated 26.08.2022 submitted in said Sonapur P.S. Case No. 05/2019 and consequently the FIR dated 02.01.2019 relating to Sonapur Police Station Case No. 05/2019. 9. Accordingly, this criminal petition, being devoid of any merit stands dismissed. 10. Pursuant to the order dated 27.01.2025 passed by the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati, in P.R. Case No. 2942/2022, arising out of said Sonapur P.S. Case No. 05/2019 the petitioner is directed to appear before the Court of learned Sessions Judge, Kamrup (Metro), Guwahati in said P.R. Case No. 2942/2022, the case which is pending for adjudication since 03.12.2022. JUDGE Comparing Assistant