Remanded

Samsul Hoque Laskar v. Altaf Hussain Barbhuiya and 3 Ors.

Gauhati HC13 Dec 2021Crl.Rev.P./280/2021

Case brief

AI extract

What is this about?

In a criminal revision petition assailing an order passed under Section 144 of the CrPC in a land dispute, the High Court noted the order's automatic expiry and disposed of the petition by staying the impugned order pending the revisional court's effective order.

What did the court decide?

The impugned order dated 03.11.2021 is stayed pending an effective order by the revisional court.

Samsul Hoque Laskar Vs Altaf Hussain… — Civil Procedure and Limitation | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010210712021

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

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Case No. : Crl.Rev.P./280/2021

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SAMSUL HOQUE LASKAR S/O LATE HASON ALI LASKAR VILL- KALINAGAR PART-VII, P.S. PANCHGRAM, DIST. HAILAKANDI, ASSAM.

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VERSUS

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ALTAF HUSSAIN BARBHUIYA AND 3 ORS S/O TOJOMUL ALI BARBHUIYA, VILL- UTTAR NARAINPUR PART-III, P.S. ALAGAPUR, DIST. HAILAKANDI, ASSAM

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2:FOKOR UDDIN BARBHUIYA S/O LATE JOINUL HOQUE BARBHUIYA VILL- UTTAR NARAINPUR PART-III P.S. ALAGAPUR DIST. HAILAKANDI ASSAM

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3:ABDUL AZIM BARBHUIYA S/O LATE JOINUL HOQUE BARBHUIYA VILL- UTTAR NARAINPUR PART-III P.S. ALAGAPUR DIST. HAILAKANDI ASSAM

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4:ROFIQUE UDDIN BARBHUIYA VILL- UTTAR NARAINPUR PART-III P.S. ALAGAPUR DIST. HAILAKANDI ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Page No.# 2/3

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Advocate for the Respondent :

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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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13.12.2021.

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Assailing the legality and validity of the order dated 03.11.2021, passed by the learned Sessions Judge, Hailakandi, in Crl. Revision Petition No.47/2021, against the order so passed by the learned trial Court i.e. learned Addl. District Magistrate, Hailakandi, in the Case No.337^M /2021, under Section 144 of the CrPC and the O.C. of the Algapur Police Station was directed to execute the order.

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The main contention of the petitioner is that the learned Sessions Judge, Hailakandi has no jurisdiction to pass any order against the order so passed by the learned trial Court, in the Case No.337^M /2021, under Section 144 of the CrPC.

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Heard the submission of learned counsel for the petitioner and perused the materials and the documents annexed.

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It reveals from the record that the petitioner had originally filed a petition before the learned Addl. District Magistrate, Hailakandi to draw up a proceeding under Section 107/145 of the CrPC, with further direction for attachment of the property under Section 146(1) of the CrPC, as the matter relates to land dispute between the parties.

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The learned trial Court, however draw up a proceeding under Section 144 of the CrPC and passed an ex-parte order dated 21.10.2021, restraining the opposite parties from trespassing into the disputed land until further order, with direction to the Officer-in-charge of the the Algapur Police Station to execute the order, fixing next date on 30.11.2021, giving opportunity to the opposite party to file their written objection, if any.

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The said opposite party, instead of filling any objection before the learned trial Court,

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Page No.# 3/3

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preferred the aforesaid revision and the revisional Court stayed the operation of the aforesaid order dated 21.10.2021.

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Obviously the aforesaid order was passed ex-parte with an opportunity to the other side to file their objection but instead of filing objection, preferred a revision against such interlocutory order stating the same to be bad in law. The next date fixing before the learned revisional Court is on 14.12.2021 i.e. tomorrow.

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The first thing that strikes this Court is that the durability of the aforesaid order, passed under Section 144 of the CrPC is only for two months and it expires automatically after two months, unless it is extended for special reason. In the present case, the order was passed on 21.10.2021, which will come to an end on 21.12.2021.

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Accordingly, the petitioner herein is directed to appear before the revisional Court, in terms of the notice so issued, who has knowledge about the same and will submit his contention before the revisional Court for appropriate direction, as indicated above by tomorrow itself, by obtaining a certified copy of this order.

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However considering all entirety, the impugned order dated 03.11.2021 is stayed, till an effective order is made by the learned revisional Court, in the light of the discussion made above.

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With the aforesaid observation and discussion, the present petition stands disposed of.

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JUDGE

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Comparing Assistant

Samsul Hoque Laskar v. Altaf Hussain Barbhuiya and 3 Ors.

Case brief

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Samsul Hoque Laskar v. Altaf Hussain Barbhuiya and 3 Ors.

Case brief

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What the court decided

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