Allowed

Mortooz Ali Laskar and 5 Ors. v. Sharaf Uddin Laskar and 7 Ors.

Gauhati HC4 Aug 2022I.A.(Crl.)/208/2022

Case brief

AI extract

What is this about?

In this interim application, the Gauhati High Court considered a prayer to vacate an earlier interim order that had restrained investigation of certain offenses under the Assam Land Grabbing Act. The Court held that since the overall investigation is mandated by a prior order, the embargo on the specific Act does not arise and vacated the restraint.

What did the court decide?

Vacated the interim order restraint regarding the embargo put on the investigation of the Hailakandi PS Case No. 747/2021 relating to the Assam Land Grabbing Act, 2010.

Mortooz Ali Laskar and 5 Ors. Vs Sharaf Uddin Laskar and 7 Ors. — Gauhati HC (2022) — LawSathi Research

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GAHC010085902022

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

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Case No. : I.A.(Crl.)/208/2022 in

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Crl.Pet./808/2021

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MORTOOZ ALI LASKAR AND 5 ORS

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S/O LATE TAJAMUL ALI LASKAR, R/O VICHINGCHA PT I, PO VICHINGCHA, PS AND DIST. HAILAKANDI, ASSAM

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2: AMZAD HUSSAIN LASKAR S/O LATE TAJAMUL ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM

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3: RASHUD AHMED LASKAR S/O LATE TAJAMUL ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM

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4: IKBAL BAHAR THSKAR S/O LATE TAJAMUL ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM

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5: JASMARA BEGUM LASKAR D/O LATE TAJAMUL ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM

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6: PARBIN SULTANA LASKAR S/O LATE TAJAMUL ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSA VERSUS

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SHARAF UDDIN LASKAR AND 7 ORS S/O LATE TAJAMUL ALI LASKAR, R/O VICHINGCHA PT II, PO VICHINGCHA, PS AND DIST. HAILAKANDI, ASSAM

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2:SALMA BEGUM LASKAR W/O SHARAF UDDIN LASKAR S/O LATE TAJAMUL ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM

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3:SHAMSUDDIN CHOUDHURY(ACCUSED NO. 3)

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S/O ISLAM ALI CHOUDHURY R/O CHIPARSANGON PT-I PS ALGAPUR DIST. HAILAKANDI ASSAM 4:RAHIM UDDIN BARBHUIYA (ACCUSED NO. 5) S/O LATE FORMAN ALI R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM

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5:DALIM UDDIN BARBHUIYA (ACCUSED NO.8) S/O LATE ATAB ALI BARBHUIYA R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI ASSAM 6:JAMAL UDDIN LASKAR (ACCUSED NO. 10) S/O LATE RASHID ALI LASKAR R/O VICHINGCHA PT I PO VICHINGCHA PS AND DIST. HAILAKANDI

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ASSAM

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7:ISLAMUR RAHMAN (ACCUSED NO. 11) S/O AZIZUR RAHMAN MAZUMDER R/O VILL- SUBUTTAR PO UJAN KUPA PS AND DIST. HAILAKANDI ASSAM

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8:THE STATE OF ASSAM REP. BY THE PUBLIC PROSECUTOR ASSA

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Advocate for the Petitioner : MR. D CHAKRABARTY

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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04.08.2022

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Heard Shri D. Chakrabarty, learned counsel for the applicants / respondent nos. 2 to 7, who by means of this application have prayed for vacation / modification / alteration of an ex-parte order dated 29.12.2021 passed by this Court in Crl.Pet./808/2021. By the aforesaid order, this Court had directed in the interim that so far as the investigation pertaining to Hailakandi PS Case No. 747/2021 is concerned, those pertaining to the Assam Land Grabbing (Prohibition) Act, 2010 should be kept outside the purview of such investigation.

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Shri Chakraborty, learned counsel for the applicants submits that the aforesaid order was passed by this Court on a gross suppression of material facts by the petitioners. By drawing the attention of this Court to an order dated 17.11.2021 passed by this Court in WP(C)/5087/2021, it is submitted that the said writ petition have to be instituted as no action was taken towards registration and investigation of an offence relating to land grabbing.

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This Court vide the aforesaid order dated 17.11.2021 had directed the concerned official to investigate the said Hailakandi PS Case No. 747/2021 in its proper perspective and to submit its report on completion of the said investigation.

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For ready reference, the relevant part of the said order is extracted hereinbelow-

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“Considering the same and finding that the investigation of the case is still going on, this writ petition is closed with a direction that the concerned officials shall investigate said Hailakandi Police Station Case No.747/2021 in its proper perspective under the law in force and shall submit its report/finding on completion of the investigation of the case for proper ends of justice.”

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It is submitted that pursuant to this direction that the case has been registered and is presently under investigation and this fact being withheld from the Court while filing the connected petition, ex-parte interim order has been passed.

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Ms. SB Choudhury, learned counsel for the opposite parties / petitioners however submits that there was lack of instructions in this regard from her clients. She however submits that the matter constitutes a civil dispute and no criminal case is maintainable.

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Be that as it may, considering that the registration and investigation of the Hailakandi PS Case No. 747/2021 is in pursuance to an order of this Court, the question of staying the said investigation so far it touches the Land Grabbing Act will not arise.

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Accordingly, this Court suitably modifies the order dated 29.12.2021 by vacating the interim order restraint regarding embargo put on the investigation of the aforesaid Hailakandi PS Case No. 747/2021. The applicants may file pleadings in the connected criminal petition, if so advised, which may come up for admission after 4(four) weeks.

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The present application accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Mortooz Ali Laskar and 5 Ors. v. Sharaf Uddin Laskar and 7 Ors.

Case brief

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Mortooz Ali Laskar and 5 Ors. v. Sharaf Uddin Laskar and 7 Ors.

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