Rupashree Chanda vs The State Of Assam And Anr on 13 August, 2025

Gauhati High Court

Rupashree Chanda vs The State Of Assam And Anr on 13 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No. 1/3

GAHC010174882025




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                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./980/2025

            RUPASHREE CHANDA
            D/O BISWAJIT CHANDA
            R/O NETAJI ROAD, VIVEDITA LANE, WARD NO. IX, P.O. AND P.S. LANKA,
            DIST. HOJAI, ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:GOPAL PODDAR
             S/O RADHESHYAM PODDAR
            R/O SAHAPATTY
             HOJAI TOWN
            WARD NO. 14
             P.O. AND P.S.HOJAI
            DIST. HOJAI
            ASSAM
             PIN-78243

Advocate for the Petitioner   : MR. S K GHOSH, MS F AHMED

Advocate for the Respondent : PP, ASSAM,

                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 13.08.2025

Heard Mr. S.K. Ghosh, learned counsel for the petitioner and Mr. R.R. Kaushik, learned
Additional Public Prosecutor for the respondent no. 1, State of Assam.

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2. The petitioner has challenged the proceedings of CR Case no. 85/2024, which is
presently pending before the Court of learned Sub-Divisional Judicial Magistrate, Hojai,
Sankardev Nagar.

3. The petitioner herein had earlier lodged a First Information Report [FIR] before the
Officer In-Charge, Silchar Police Station through the In-Charge, Rangirkhari T.O.P. on
27.08.2015 against the respondent no. 2 herein as the accused and the said FIR was
registered as Silchar Police Station Case no. 2346/2015 under Sections 365/304/354D of the
Indian Penal Code [IPC]. After investigation, the case was charge-sheeted against the
respondent no. 2 for the offence under Sections 366/511/354D, IPC. In the consequent trial
before the Court of learned Assistant Sessions Judge No. 1, Cachar at Silchar in the form of
Sessions Case no. 91/2019, the respondent no. 2 as the accused faced the trial. After
conclusion of the trial, the Court of learned Assistant Sessions Judge No. 1, Cachar by its
Judgment and Order dated 17.06.2023 had acquitted the accused from the charges under
Sections 366/511/354D, IPC on benefit of doubt.

4. After his acquittal, the respondent no. 2 has instituted a complaint before the Court of
learned Sub-Divisional Judicial Magistrate, Hojai, Sankardev Nagar [‘the Trial Court’] against
the petitioner alleging that the petitioner had defamed him in his society by submitting a false
FIR regarding kidnapping on 27.08.2015. The complaint has been registered as CR Case no.
85/2024. The learned Trial Court after recording initial deposition of the respondent no. 2 as
the complainant under Section 200, CrPC and examination of witnesses under Section 202,
CrPC, has found sufficient ground for proceeding against the petitioner for the offences under
Sections 500/501, IPC and by an Order dated 10.04.2025 has ordered for issuance of
summons to the petitioner posting the next date of the case on 06.06.2025 for appearance of
the petitioner.

5. Mr. Ghosh, learned counsel for the petitioner has submitted that in view of the
provisions contain in Section 468[c], CrPC, the proceedings instituted by the respondent no. 2
as the complainant in the form of CR Case no. 85/2024 is time-bared.

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6. Issue notice, returnable in 4 [four] weeks.

7. As Mr. Kaushik has appeared and accepted notice on behalf of the respondent no. 1,
issuance of formal notice in respect of the said respondent stands dispensed with. The
learned counsel for the petitioner shall serve an extra copy of the petition along with
annexures, to Mr. Kauhik within 3 [three] working days from today.

8. The petitioner shall take steps for service of notice upon the respondent no. 2 by
registered post with A/D as well as by usual process within 3 [three] working days from
today.

9. Having regard to the fact that the respondent no. 2 was acquitted from the charges by
the Judgment and Order dated 17.06.2023 on benefit of doubt and the provisions contained
in Section 468[c], CrPC, this Court is of the considered view that the petitioner has made out
a prima facie case for interim relief. Accordingly, it is ordered, in the interim, that further
proceedings of CR Case no. 85/2024, presently pending before the Court of learned Sub-
Divisional Judicial Magistrate, Hojai, Sankardev Nagar, shall remain suspended till the
returnable date.

JUDGE

Comparing Assistant