Dalim Hussain Mazumder vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1994 Gua

                                                                   Page No.# 1/4

GAHC010104082022




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

                          Case No. : Crl.Rev.P./263/2022

         DALIM HUSSAIN MAZUMDER
         SON OF LATE NUR UDDIN MAZUMDER
         R/O VILL- SONABARIGHAT PT.I, P.S. SILCHAR, DIST. CACHAR, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE LEARNED PP, ASSAM

         2:JHARNA BEGUM LASSKAR
         W/O RABIJUL ALI LASKAR
         R/O VILL- SAIDPUR PT.IV

         P.S. SILCHAR
          DIST. CACHAR
         ASSAM
          PIN-788013

         3:RABIJUL ALI LASKAR
         W/O MUBARAK ALI LASKAR
         R/O VILL- SAIDPUR PT.IV

         P.S. SILCHAR
          DIST. CACHAR
         ASSAM
          PIN-788013

         4:LABIB AHMED LASKAR @ RAJA
          S/O RABIJUL ALI LASKAR
         R/O VILL- SAIDPUR PT.IV

         P.S. SILCHAR
                                                                      Page No.# 2/4

             DIST. CACHAR
             ASSAM
             PIN-788013

             5:RAJIB LASKAR
              S/O RABIJUL ALI LASKAR
             R/O VILL- SAIDPUR PT.IV

             P.S. SILCHAR
              DIST. CACHAR
             ASSAM
              PIN-78801

Advocate for the Petitioner   : MR. D CHAKRABARTY

Advocate for the Respondent : PP, ASSAM




                           BEFORE
              HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

06.06.2022

Legality, propriety and correctness of the order dated 08.03.2022, passed by the learned Additional Sessions Judge, FTC, Cachar, Silchar, in Criminal

Revision No. 68/2021, arising out of Case No. 530 M/2021, is challenged in this petition under Section 397/401 of the Code of Criminal Procedure, 1973. It is to be noted here that vide impugned order, dated 08.03.2022, the learned Court below had allowed the revision petition and set aside the order dated 09.09.2021, passed by the learned ADM, Cachar, whereby, proceeding under Section 145 of the Code of Criminal Procedure was drawn and order of attachment, in respect of the disputed land, was passed under Section 146() of the Code of Criminal Procedure.

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Heard Mr. D. Chakrabarty, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

Admit.

Issue notice to the respondents, returnable in 4 (four) weeks.

Since Mr. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued. However, he shall be provided with requisite extra-copy of the petition during the course of the day.

Learned counsel for the petitioner shall take steps for causing service of notice upon respondent Nos. 2, 3, 4 & 5 by registered post with A/D as well as by usual process within a week from today.

Call for the scanned copy of the records from the learned Court below.

Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record, operation of the impugned judgment and order, dated 08.03.2022, passed by the learned Additional Sessions Judge, FTC, Cachar, Silchar, in Criminal Revision No. Page No.# 4/4

68/2021, arising out of Case No. 530M/2021, stands stayed/suspended till returnable date.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant