Gauhati High Court: While deliberating over the instant petition filed by President of the Indian Youth Congress (the youth wing of Indian National Congress) seeking to set aside charges under Sections 509, 294, 341, 352, 354, 354-A(iv) and 506 of Penal Code, 1860 read with Section 67 of the I.T. Act, 2000, the Bench of Ajit Borthakur, J.*, was of the opinion that perusal of the case diary, including the statement of the female victim under Section 164 CrPC, is of utmost necessity for a just decision on the interim prayers of the petitioner. It was decided that the petitioner’s interim prayer will be considered only after receipt of the scanned copy of the case diary and service of notice on respondent 2. The next date of hearing has been set on 02-05-2023.
Background: FIR was lodged against Srinivas B.V. by respondent 2. In the FIR respondent 2, Dr. Angkita Dutta, the President of the Assam Youth Congress has alleged that the petitioner has been persistently harassing her mentally by way of sexist words and threatening her with dire consequences if she discloses the same before the high office bearers of the Congress Party. It has been further alleged that when Dr. Dutta went to Raipur, Chhattisgarh, to attend the plenary session of the Congress Party held on 25.03.2023, the petitioner heckled her by holding her arms at the entrance of the venue Mayfair Hotel, and also threatened her by using slangs.
It was also alleged that despite informing the behaviour of the petitioner before the high office bearers of the Congress Party, it did not yield any result, hence, she lodged the FIR in Dispur Police Station.
The counsel for Srinivas BV insisted on immediate grant of interim relief on merit of the case as well as on the ground that Dr. Dutta has filed the case for political vendetta. Furthermore, the petitioner’s counsel raised questions over the jurisdiction of the Assam Police to inquire into any of the allegations and registration of the FIR. It was also submitted that in case the petitioner is unable to get any relief from the High Court, then he will knock on the doors of the Supreme Court.
Per contra, the respondent counsels opposed the grant of relief without perusal of the case diary.
[Srinivas B.V. v. State of Assam, 2023 SCC OnLine Gau 1592, decided on 26-04-2023]
*Order by written by Justice Ajit Borthakur
Advocates who appeared in this case :
Petitioner- K.N. Choudhury, Sr. Counsel;
Respondents- D. Saikia, Advocate General, Assam and M. Phukan, Public Prosecutor appearing for the State/respondent No. 1.