Partly allowed

Kamrul Hussain Borbhuiya and Anr. v. the State of Assam and Anr.

Gauhati HC3 Oct 2018Crl.Pet./344/2018

Case brief

AI extract

What is this about?

The Gauhati High Court quashed a criminal revision petition under Section 482 CrPC challenging an order of the Sessions Judge that set aside an executive magistrate's prohibitory order. The court directed the Sessions Judge to dispose of the land dispute proceeding under Section 145 CrPC within two months and remitted the matter to the trial court.

What did the court decide?

Quashed the Criminal Revision No.16/2018 and the order dated 02.04.2018; remitted records to trial court; directed disposal of Section 145 CrPC proceeding within two months.

Kamrul Hussain Borbhuiya and Anr. Vs the… — Civil Procedure and Limitation | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010075652018

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

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Case No. : Crl.Pet. 344/2018

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1:KAMRUL HUSSAIN BORBHUIYA AND ANR.

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SON OF AZIZUR RAHMAN BORBHUIYA, R/O VILL. LAKHIRBOND PART-II, P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM.

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2: DR. MAHMUD HUSSAIN BORBHUIYA

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SON OF LATE AZIZUR RAHMAN BORBHUIYA R/O VILL. LAKHIRBOND PART-II P.S. HAILAKANDI DIST. HAILAKANDI ASSAM. PIN-788155

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VERSUS

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1:THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM.

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2:TAJAMUL ALI LASKAR S/O LT. JULU RAJA LASKAR R/O HAILAKANDAI TOWN WARD NO. 11 P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN-788155

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Advocate for the Petitioner : MR. S NATH

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 03-10-2018

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Heard Mr. R. Dhar, learned counsel for the petitioner and Mr. MH Laskar, learned counsel for the respondent No.2. State/respondent No.1 being a formal party, has not made any submission.

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This application, under Section 482 CrPC, is made seeking quashment of the proceeding of Criminal Revision No.16/2018, pending in the court of learned Sessions Judge, Hailakandi and the order dated 02.04.2018 passed by the learned Sessions Judge, Hailakandi in Criminal Revision No.16/2018.

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I have perused the petition and the annexures furnished therewith.

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Also perused the order dated 02.04.2018.

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It appears that the learned Sessions Judge, Hailakandi, vide the aforesaid order, suspended the operation of the impugned order, dated 20.03.2018, passed by the learned Executive Magistrate, Hailakandi, till disposal of the revision petition. Vide the impugned order, dated 20.03.2018, passed by the learned Executive Magistrate, Hailakandi, in Misc. Case No.26M/2018, entry of both the parties into the land involved in the said proceeding was prohibited, until further order, for maintaining peace and public tranquillity.

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On perusal of the record, it appears that learned Executive Magistrate had passed the aforesaid order, based on the police report, apprehending imminent breach of peace. Therefore, the order prohibiting both the parties from entering into the land in question, appears to have passed, on his satisfaction, on the basis of police report, which requires no interference.

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But, the fact remains that the proceeding being under Section 145 CrPC, pending before the learned Executive Magistrate, the same is directed to be disposed of within 2 (two) months from the date of receipt of a copy of this order, and in the meanwhile, the prohibitory order, dated 20.03.2018, passed by the learned Executive Magistrate, Hailakandi, shall

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continue.

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In view of above, the Revision Petition No.16M/2018 pending before the learned Sessions Judge, Hailakandi, and the order dated 02.04.2018 passed therein are quashed.

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Learned Sessions Judge, Hailakandi, shall remit back the records to the trial court, if already received.

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Resultantly, the criminal petition stands disposed of.

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Comparing Assistant

Kamrul Hussain Borbhuiya and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Kamrul Hussain Borbhuiya and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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