Gauhati High Court
Moydan Ali vs The State Of Assam And 18 Ors on 8 June, 2022
Page No.# 1/6
GAHC010105182022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./503/2022
MOYDAN ALI
S/O LATE SOBA SK.
R/O VILL- KUNTIRCHAR, PART-II
P.S. AND DIST. DHUBRI, ASSAM, PIN-783339.
VERSUS
THE STATE OF ASSAM AND 18 ORS
REP. BY THE PP, ASSAM
2:BABUL ALI
S/O LATE ISMAIL SK.
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
3:NADU SK.
S/O LATE ISMAIL SK.
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
4:SAHID ALI
S/O LATE ISMAIL SK.
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
Page No.# 2/6
PIN-783339
5:MOTALEB ALI
S/O BABOR ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
6:KALAM SK.
S/O BABOR ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
7:ABU SAMA SK.
S/O BABOR ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
8:ABDUL AZIZ
S/O JURAN ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
9:RAFIK ALI
S/O JURAN ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
10:AZAD ALI
S/O JURAN ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
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PIN-783339
11:AZID ALI
S/O DELBAR ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
12:SOBDER ALI
S/O ADAM ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
13:TALU SK.
S/O ISMAIL SK.
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
14:JIYAUR ALI
S/O JURAN ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
15:ASHIK ALI
S/O SOHID ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
16:AKTAR ALI
S/O SOHID ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
Page No.# 4/6
PIN-783339
17:BELLAL ALI
S/O NADU SK.
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
18:AIJAL HOQUE
S/O DEKBAR ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-783339
19:ABUL HOOSSEN
S/O DEKBAR ALI
R/O VILL- KUNTIRCHAR
PART-II
P.S. AND DIST. DHUBRI
ASSAM
PIN-78333
Advocate for the Petitioner : MR. A C SARMA
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
08.06.2022
By way of this petition under Section 482 CrPC, the petitioner has challenged
the impugned judgment dated 10.03.2022 passed by learned Sessions Judge, Dhubri
in Criminal Revision No.03/2022 whereby set aside the order dated 18.12.2021 passed
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by the learned Sub-Divisional Magistrate (SDM), Dhubri in Misc. Case No.53/2021.
Heard the submission of the learned counsel for the petitioner and also the
learned counsel representing the State respondent.
The petitioner herein filed a petition under Sections 107/144/145/146 of CrPC
before the learned SDM, Dhubri alleging that the respondents along with some
unknown miscreants illegally occupied the land of the petitioner and constructed
some thatched house and also took away the crops of the petitioner. The learned SDM
on the basis of police report, passed an order under Section 146 CrPC and directed for
attachment of the entire disputed land covers under the respective dags. When the
order of the learned SDM/trial court was put to challenge, the learned revisional court
(Sessions Judge, Dhubri) set aside order of attachment and remanded the matter to
the learned court of SDM with certain observation and directions. Challenging the
order of revisional court, the petitioner is before this court raising the grievances for
vacating the attachment as it has occasioned difficulty to the petitioner to cultivate in
the land.
I have gone through the order passed by both the forums and it reflects that
the learned court of SDM has not discussed all about the possession of the disputed
land by the either party and passed order of attachment only on the basis of the
assertion made in the police report. Observing the same aspect learned SDM has not
passed the order as per mandate of the provision of Section 145 CrPC and
consequently the revisional court has set aside the attachment order.
It is revealed from the orders so passed that the respondent has not yet filed
the written statement and it was not at all brought on record as to who was in actual
possession of the land prior to filing of the petition. On the other hand, as the case
has been remanded back to the learned court of SDM/trial court, the same aspect can
be taken into account by the learned SDM afresh by giving the opportunity to both the
sides after hearing of the matter instead hurriedly passing the order over such a
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serious matter.
Considering all entirety of the matter, the present petition stand disposed of at
the motion stage itself with a liberty to the petitioner to move his prayer for
attachment of the land, before the learned court of SDM/trial court, in proper manner
and the learned court will obtain the written statement of the respondents as against
such prayer and after hearing both the parties will pass effective order at the earliest
following due procedure of law.
Till deciding the matter, let both the parties maintain status quo as regard the
disputed land, as on today.
JUDGE
Comparing Assistant
