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Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 16 June, 2022

Author: Ajit Borthakur

Bench: Ajit Borthakur

                                                         Page No.# 1/3

GAHC010116962022




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

                         Case No. : Crl.Pet./550/2022

         FAZAR ALI AND 4 ORS
         S/O JUWEAD ALI
         R/O VILL- JAWKATADIA
         P.S. BOKO
         DIST. KAMRUP, ASSAM
         PIN NO. 781136

         2: HAZAR ALI
          S/O JUWEAD ALI
         R/O VILL- JAWKATADIA
         P.S. BOKO
         DIST. KAMRUP
         ASSAM
         PIN NO. 781136

         3: KURBAN ALI
          S/O JUWEAD ALI
         R/O VILL- JAWKATADIA
         P.S. BOKO
         DIST. KAMRUP
         ASSAM
         PIN NO. 781136

         4: SURMAN ALI
          S/O JUWEAD ALI
         R/O VILL- JAWKATADIA
         P.S. BOKO
         DIST. KAMRUP
         ASSAM
         PIN NO. 781136

         5: JAKIR HUSSAIN
          S/O JUWEAD ALI
         R/O VILL- JAWKATADIA
                                                                             Page No.# 2/3

            P.S. BOKO
            DIST. KAMRUP
            ASSAM
            PIN NO. 78113

            VERSUS

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

            2:ABDUL MAZID
             S/O LT. ABDUL HAQUE (HAJI)
            R/O VILL- DURAMARI
            P.S. BOKO
            DIST. KAMRUP
            ASSAM
             PIN CODE- 78131

Advocate for the Petitioner   : MR. D P CHALIHA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

16.06.2022 Heard Mr. D.P. Chaliha, learned counsel for the petitioners as well as Ms. S.H. Bora, learned Addl. P.P., for the State respondent.

By this petition under Section 482 Cr.P.C., the petitioners have prayed for setting aside and quashing the proceedings of Case No. 12/2022 under Sections 145/146 Cr.P.C. and order, dated 03.06.2022, passed in Criminal Revision Petition No. 34/2022.

Call for a scanned copy of the record of Case No. 12/2022 under Sections 145/146 Cr.P.C., pending in the Court of learned Executive Magistrate, Kamrup at Amingaon.

Page No.# 3/3 As Ms. S.H. Bora, learned Addl. P.P., has accepted notice on behalf of the State/respondent No.1, no fresh notice needs to be issued. However, a copy of the petition along with the documents annexed thereto, be furnished to her during the course of the day.

Issue notice to the respondent No. 2.

List this matter after the ensuing summer vacation.

In the meantime, the petitioners may apply for third party zimma of the standing paddy over the disputed land, if so advised, as the possession over the said plot of land is in dispute between the parties. If such petition is filed, the same shall be considered and disposed of by the learned Executive Magistrate in accordance with law.

JUDGE Comparing Assistant