THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.

Advocate for the Petitioner : MR. R ALI Advocate for the Respondent : PP, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA Date : 22-02-2022 ORDER Heard Mr. R Ali, learned counsel for the petitioners. Also heard Mr. MP Goswami, learned Additional Public Prosecutor appearing for the State respondent No. 1 as well as Mr. B Chowdhury, learned counsel for the respondent No. 2. This is an application under Section 482 of the Cr.PC seeking quashment of the order, dated 17.12.2019, passed by the learned Additional Chief Judicial Magistrate, Dhubri in C.R. Case No. 2037/2019 taking cognizance under Sections 120-B/379/464/506/149 of the IPC against the petitioners. I have perused the application seeking quashment of the aforesaid order as well as the order passed by a co-ordinate Bench of this Court on 26.05.2020. On perusal of the order passed by a co-ordinate Bench of this Court, it is found that further proceeding of the aforesaid CR Case No. 2037/2019 has been stayed basically on the ground that cognizance was taken without their being a decision on prosecution sanction. Taking into consideration and the admitted fact that the petitioner Nos. 1 to 6 are all police personnel consideration of the question of sanction appears to be necessary. Although the learned court below has the right to decide this issue even during the trial, this Court is of the view that since police personnel are involved in this case, the same be decided first for convenience and this Court would like to suggest the learned court below to examine the requirement of prosecution sanction inspite of the fact that the said question was not raised Page No.# 4/4 before the learned court below as per record, yet, the question has been raised before this Court. Therefore, the learned court below shall examine this aspect of the matter before proceeding further in the case and to take a decision thereof. On the basis of this order, the learned court below shall hear both the parties on the requirement of prosecution sanction and then shall pass an order accordingly, as per law. A copy of this order be furnished to the learned court below by the petitioners for further follow up action by the learned court below. Interim stay granted earlier stands vacated. With the above observations and directions, this petition stands disposed of accordingly. JUDGE Comparing Assistant