Rehan Uddin Barbhuiya @ Mintu vs Ajoy Kumar Das
2021 Latest Caselaw 2437 Gua

                                                                                    Page No.# 1/2

GAHC010166722021




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

                                   Case No. : Crl.Pet./572/2021

            REHAN UDDIN BARBHUIYA @ MINTU
            S/O LATE NASIR UDDIN BARBHUIYA
            VILL AND P.O. TARAPUR PART-IV,
            P.S. SILCHAR,
            DIST. CACHAR, ASSAM

            VERSUS

            AJOY KUMAR DAS
            S/O LATE JOYDEB DAS
            VILL- ATHALI KANDI, P.O. CHIRUKANDI,
            P.S. SILCHAR,
            DIST. CACHAR, ASSAM
            PIN-788003


Advocate for the Petitioner    : MS. R CHOUDHURY

Advocate for the Respondent :


                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                             ORDER

Date : 06.10.2021

This application under section 482 Cr.P.C., read with Article 227 of the Constitution of India is preferred by Rehan Uddin Barbhuiya @ Mintu S/o Late Nasir Uddin Barbhuiya of village Tarapur challenging the Legality, propriety and correctness of the order dated 09.09.2021 passed by the learned Addl. Sessions Page No.# 2/2

Judge (FTC), Kachar at Silchar in Criminal Revision No.50/2021 and the order dated 16.08.2021 and 20.08.2021 passed by the learned Executive Magistrate,

Kachar at Silchar in Case No.444 M/2021.

It is to be mentioned here that vide the impugned order dated 16.08.2021 the learned Executive Magistrate, Kachar, Silchar has started 145 Cr.P.C. proceeding in respect of the Schedule land and vide the impugned judgment and order dated 09.09.2021 the learned Addl. Sessions Judge FTC, Kachar has upheld the order of the Executive Magistrate.

Heard Mrs. R Choudhury, learned counsel for the petitioner. Issue notice, returnable in 4 (four) weeks.

The petitioner side to take steps upon the respondent by Registered Post with A/D as well as through usual process within a period of 3 (three) days from today.

Call for the scanned copy of the records from the learned Court below. Considering the submission of the learned counsel for the petitioner and also considering the documents placed on record and further in the interest

of justice, it is provided that further proceeding of Case No.444 M/2021, pending before the learned Executive Magistrate stands stayed.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant