Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 9 September, 2025
Page No.# 1/4
GAHC010096112025
2025:GAU-AS:12373
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./548/2025
MD. HUSSAIN AHMED LASKAR AND 2 ORS
S/O LT. ADIL UDDIN LASKAR
R/O VILL-GOSAIPUR PART-I,
P.O. GOSAIPUR
P.S. UDHARBOND
DIST.CACHAR, ASSAM,
PIN- 788030
2: SMTI. ALPINA BEGUM LASKAR @ ALFINA BEGUM LASKAR
W/O SRI HUSSAIN AHMED LASKAR
R/O VILL-GOSAIPUR PART-I
P.O. GOSAIPUR
P.S. UDHARBOND
DIST.CACHAR
ASSAM
PIN- 788030
3: MD.BOKTAR UDDIN LASKAR @ BOKTAR HUSSAIN LASKAR
S/O ISKANDAR ALI LASKAR
R/O VILL-GOSAIPUR PART-I
P.O. GOSAIPUR
P.S. UDHARBOND
DIST.CACHAR
ASSAM
PIN- 78803
VERSUS
THE STATE OF ASSAM AND ANR.
REP BY THE PP, ASSAM
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2:JAIRUL ISLAM MAZUMDER
S/O ABDUL REZAK MAZUMDER
VILL-RONGPUR PART-I
P.O. GOSAIPUR
P.S. SILCHAR
DIST. CACHAR
ASSAM
PIN-78803
Advocate for the Petitioner : MR. I H LASKAR, J MEDHI,MR. R. KARIM,MR. P
DAIMARY,MR. P K DEKA
Advocate for the Respondent : PP, ASSAM, MR. O LASKAR (R-2)
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 09.09.2025
Heard Mr. P.K. Deka, learned counsel for the petitioners. Also heard Mr.
P. Barthakur, learned Additional Public Prosecutor for the State and Mr. O.
Laskar, learned counsel for the respondent No. 2.
2. This criminal petition has been filed on 05.05.2025 under Section
528 BNSS, 2023 against the judgment and order dated 06.03.2025 passed
by the learned Additional Sessions Judge No. 3, Cachar, Silchar in Criminal
Revision Petition No. 101/2024, preferred by the petitioners under Section
482 BNSS, 2023 against the order dated 19.11.2024 passed by the learned
Additional District Magistrate, Cachar, Silchar in Case No. 336 M/2024;
whereby, the learned Revisional Court, by the said order rejected the
revision petition of the petitioners [being Criminal Revision Petition No.
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101/2024], holding that the order passed by the learned Additional District
Magistrate under Section 146(1) Cr.P.C. is only an interlocutory order and not
a final order and accordingly, dismissed the said Criminal Revision Petition
No. 101/2024 of the petitioners, as being not maintainable.
3. It is revealed that vide order dated 19.11.2024 passed by the
learned Additional District and Magistrate, Cachar, Silchar in Case No.
336M/2024, the learned trial court was pleased to attach the disputed land
under Section 146 (1) Cr.P.C. and restrained both sides from entering into
the disputed land till further orderS. The petitioners herein challenged that
order before the learned Sessions Court and as already stated above, the
said revision petition was disposed of by holding that the order of
attachment being interlocutory order, revision petition would not be
maintainable. Pursuant thereof, the petitioner has filed the instant criminal
petition invoking the power under Section 528 BNSS.
4. The learned counsel for the petitioners submits that, at this stage he
has a limited prayer that this Court may consider disposing of the criminal
petition with a direction to the court of learned Additional District Magistrate,
Cachar, Silchar to dispose of Case No. 336M/2024 expeditiously, preferably
within a stipulated time frame. It is also submitted that the petitioners may
also given at liberty to seek vacation/withdrawal of the order of attachment
before the said learned court.
5. The learned counsel for the respondent No. 2 fairly submits that he
has no objection to such a prayer and that the Court may consider disposing
of the matter on those lines.
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6. I have considered the matter and there is no reason not to allow the
said prayer of the petitioners' side, which is also agreed to, by the learned
counsel for the respondent No. 2.
7. Accordingly, this criminal petition is hereby disposed of with a
direction to learned Additional District Magistrate, Cachar, Silchar to dispose
of Case No. 336M/2024 expeditiously.
8. The petitioners are also at liberty to file an application before the
learned Additional District Magistrate, Cachar, Silchar seeking vacation of the
order of attachment vide order dated 19.11.2024.
9. The aforesaid direction regarding disposal of the main case No.
336M/2024 shall be endeavoured to be complied with, preferably within a
period of 60 days, from the date of such application, if any, filed, before the
said court.
10. This order may not be taken as expression of any opinion on merits
of the case, which would be decided by the learned Additional District
Magistrate, Cachar, Silchar in accordance with the due provisions of law.
JUDGE
Comparing Assistant
