Page No.# 1/9 GAHC010219312025 2026:GAU-AS:14636 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1219/2025 AMIR ALI SHEIKH S/O- ASKAR ALI. VILL.- SATSHIA, P.O.- JAMADARHAT, P.S.- FAKIRGANJ, DIST.- DHUBRI, ASSAM, PIN - 783330. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SAKINA KHATUN W/O- LATE NAYEB ALI SHEIKH. VILL.- BALATARI P.O.- JAMADARHAT P.S.- FAKIRGANJ DIST.- DHUBRI ASSAM PIN - 78333 Advocate for the Petitioner : MR. A S AKAND, MR A HAQUE,H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM, K ZAMAN (R2),MR. A F N U MOLLAH (R2),MR. SARFRAZ NAWAZ, AMICUS CURIAE (R-2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 01-10-2026 Page No.# 2/9 Heard Mr. H R A Choudhury, the learned senior counsel assisted by Mr. A S Akand, the learned counsel for the petitioner. Also heard Mr. K K Das, the learned Addl. PP appearing on behalf of State respondent no. 1 and Mr. A F N U Mollah, the learned counsel appearing for respondent no. 2 and Mr. S Nawaz, the learned Amicus Curiae appearing for respondent no. 2. 2. This is an application u/s 528 read with Sections 438 & 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for setting aside and quashing the impugned Charge Sheet No. 86/2022 dated 15.06.2022 (arising out of Fakirganj P.S. Case No. 71/2016 u/s 448/354(A)/506 IPC as well as quashing of the PRC Case No. 5912/2022 pending in the Court of JMFC, Dhubri, Assam. 3. It is submitted by Mr. Choudhury, the learned senior counsel that at the relevant period of time, the petitioner was discharging his duty only as an external examiner and he was not a teacher nor associated with the school wherefrom the victim was appearing examination. Thus, he has no authority even to expel the victim from the examination hall. The petitioner was appointed as an Assistant Professor in the year 2014 and subsequently he was also entrusted with the responsibility of external examiner. 4. Mr. Choudhury further submitted that from the FIR it is seen that there were 2/3 incidents that had happened but, the first incident was alleged to happen on 16.02.2016 and the last incident happened on 03.03.2016. But, the informant/victim remained silent and the instant FIR was lodged only on 07.03.2016 with a delay of 3/4 days. There is no explanation for such a delay in lodging the FIR and that too the case was charge sheeted only in the year 2022, after about 6 years of lodging of the FIR. 5. Mr. Choudhury further submitted that even if the FIR is taken at a face Page No.# 3/9 value, no prima facie case is established against the present petitioner. More so the FIR was lodged with some false and concocted allegation only after expulsion of the victim from examination hall and thus the FIR was lodged only with an ulterior motive for wreaking the vengeance on the accused and with a view to spite him due to private and personal grudge. As held by the Apex Court in case of Bhajan Lal, a criminal case is liable to be set aside and quashed, wherein it is prima facie seen that the case is instituted only with a mala fide or ulterior motive. In the present case also it is seen that FIR was lodged only after expulsion of the victim from examination hall, though the earlier 2/3 incidents had happened as per the allegation in the FIR. He submitted that the Hon’ble Apex Court in a very recent judgment dated 08.09.2026 passed in Criminal Appeal No. 4278/2026[Bhaskar Paul v. the State of West Bengal] also expressed the view that in such nature of case the Court is to be very cautious while dealing a criminal case against the teacher on a complaint from a girl student. He basically emphasized in paragraphs 18, 19 & 20 of the said judgment which reads as under:- “18. For a teacher serving in a girls' school or a school which is co-educational, such an allegation or trial virtually amounts to condemning him, not only for his entire service career as a teacher but for his life as well. He has a family also. Therefore, to accuse a teacher of committing sexual assault on girl students, would be like a death knell for such a teacher. Ultimate acquittal would not redeem the appellant as it would be wholly inadequate to undo all the pervasive damage already suffered by him due to the severity of the criminal trial under the POCSO Act. While the appellant certainly needs to sensitize himself while dealing with students of tender age, particularly girl students, it cannot be a ground for prosecuting him under the stringent provisions of the POCSO Act. 19. There are other reasons also casting aspersions on the prosecution case, particularly the delay in lodging of the first information and the manner in which the Headmaster and the lady teachers had initiated the criminal proceedings against the appellant. After all, their statements are all hearsay evidence. 20. In the circumstances, we are of the view that allowing the related criminal prosecution Page No.# 4/9 to continue would be an abuse of the process of law and cause extreme prejudice to the appellant.” 6. He further submitted that from the evidence of PW-1/informant also it is seen that though the allegation of torning of panty is brought against the accused/petitioner but, the same was not handed over to the police and it was not seized during investigation. He further submitted that though in the FIR it is alleged that the accused/petitioner tried to commit rape on the victim forcibly and in that process he torned her underwear but, the PW-1 did not bring any allegation of attempt of rape while she had adduced her evidence before the Court. Further in the FIR there is a mention that the present petitioner had earlier also destroyed the life of many girls with such false promise but, there is no clarification to the point and not specified as with whom the petitioner had committed similar nature of offence. Further, Mr. Choudhury submitted that the prosecution could furnish the Charge Sheet only in the year 2022 and thereafter on appearance of the accused/petitioner only one witness could be examined by the prosecution and thus the completion of trial will take a considerable period and thus it will also violate the petitioner’s right to fair and speedy trial guaranteed under Article 21 of the Constitution of India. Accordingly, Mr. Choudhury, the learned Senior Counsel appearing for the petitioner submitted that it is a fit case wherein the entire proceeding can be set aside and quashed, including the Charge Sheet filed against the accused/petitioner by invoking the power u/s 528 of BNSS. 7. Mr. K K Das, the learned Addl. PP submitted in this regard that the case is already been charge-sheeted against the accused/petitioner and from the plain reading of the FIR itself reveals a prima facie case against the accused/petitioner, which is the only requirement to proceed with a criminal Page No.# 5/9 case and hence it is not at all a fit case to set aside the criminal proceeding as prayed for. He accordingly prayed for dismissal of the same. 8. Mr. Mollah, the learned counsel appearing for the informant/respondent no. 2 also submitted that the petitioner had basically emphasized the delay in lodging the FIR. But, that may not be the sole ground for quashing an entire criminal proceeding, wherein there is a prima facie case against the accused/petitioner, even from the FIR itself. He further submitted that the case has already been charge-sheeted and the evidence of the informant is already recorded by the learned Trial Court below and thus the petitioner will get ample opportunity to rebut the evidence of PWs and to establish his defence plea at the time of trial and hence it cannot be a fit case to quash the criminal proceeding at this stage. 9. Mr. Mollah further submitted that the victim girl is a meritorious student and only for the grudge, the petitioner had taken such step of expelling her from examination hall for which she even became senseless and thereafter only the FIR was lodged against the accused/petitioner. He further submitted that in spite of such sexual assault on her she could not say anything against the teacher only considering the respect of her family as well as her own dignity. But, after her expulsion from the examination hall she had the courage to say everything before the police and then only the FIR was lodged. She further submitted that even after the expulsion of the victim from her examination, she secured 1st Division in her 12th examination, being a meritorious student. Thus, it is not a case that she wanted to pass out in the examination by obtaining unfair means for which she was expelled from the examination. Rather, it reveals that only for the grudge, the petitioner took such step and expelled her from examination. Page No.# 6/9 10. The learned Amicus Curiae Mr. Nawaz appearing for the respondent no. 2 also submitted that there are sufficient materials to prima facie establish a case against the accused/petitioner and hence it cannot be a fit case to set aside the entire criminal proceeding, including the Charge Sheet against the present petitioner u/s 528 of BNSS. 11. Hearing the submissions made by learned counsel for both sides, I have also perused the case record and the other relevant documents annexed along with the petition. 12. It is the allegation against the accused/petitioner that he molested the victim girl in three occasions i.e. on 14.02.2016, 19.02.2016 and 02.03.2016 with a false promise to supply transcribed copy and also to bring the answer sheet to the house of the victim. On last occasion i.e. on 02.03.2016, when he tried to commit rape on her forcibly, in that process her underwear/panty was also torned by the accused/appellant. But, the victim as well as the informant remained silent considering the dignity of their family and also being afraid that the petitioner may harm in her examination. Thus, it is seen that a prima facie case is revealed against the accused/petitioner even on the plain reading of the FIR. It is the case of the prosecution that with some false allegations the petitioner had expelled the victim girl, for which she even became unconscious in the examination hall. On the other hand, it is the case of the petitioner that the FIR was lodged as the victim was expelled from her examination while doing the unfair means in the examination hall. But, there is no explanation as to why the victim/informant brought such a nasty allegation against a teacher who is not even a permanent teacher for that educational institution. What was the reason behind the lodging of the case etc. may come out during the trial of the case but, prima facie from the FIR it reveals that the accused allegedly tried to Page No.# 7/9 commit rape on the victim, not in one occasion but, in three occasions the attempt was made. Further from some educational documents, which have been submitted by the informant side during the argument, it is seen that the victim girl successfully passed out her examination and she is also stated to be a meritorious student of the school. 13. From the evidence of the PW-1 annexed by the petitioner it also reveals that the FIR was subsequently lodged only after a meeting in the village and thus there was 3/4 days delay in lodging the FIR. Further from the Charge Sheet also it is seen that during investigation the accused was not even in his house and subsequently he appeared in the outpost and thereafter only he was interrogated and accordingly the Charge Sheet was filed after the completion of investigation. However, the delay in lodging the FIR as well as delay in filing the Charge Sheet etc. may be finally heard and decided at the time of trial. But, the plain reading of the FIR reveals a prima facie case against the accused/petitioner, wherein the allegation of sexual assault is brought by the victim against the accused/petitioner. 14. In the case of State of Haryana v. Bhajan Lal, reported in 1992 Supple. 1 SCC 335, cited by both the parties, the Apex Court, in Paragraph No. 102 of the judgment, held, as under: “102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any Court or otherwise to secure the ends of Justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad Page No.# 8/9 kinds of cases wherein such powers should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirely do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code expert under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” 15. But, from the discussion made above it is seen that prima facie a case is Page No.# 9/9 found established against the accused/petitioner and in defence also could not bring any such material to consider that the FIR was lodged only due to mala fide or ulterior motive for wreaking the vengeance on the accused due to personal or previous grudge. 16. In view of above, this Court is of the opinion that it is not at all a fit case to set aside and quash the entire criminal proceeding of PRC Case No. No. 5912/2022 including the Charge Sheet No. 86/2022 dated 15.06.2022 by invoking power u/s 528 BNSS. 17. The criminal petition accordingly stands dismissed and disposed of. JUDGE Comparing Assistant