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H.N.SARMA
Md. Moinalislam Chaudhary – Appellant
Versus
State of Assam – Respondent


Counsel for the Parties:
For the Petitioner:Mr. A.M. Mazumdar and Mr. M. Nath, Advocates.
For the Respondents:Mr. K. Munir and Mr. S.K. Medhi, Advocates.

JUDGMENT AND ORDER

H.N. Sarma, J.—The inherent power of the Court is prayed to be exercised by the accused petitioner praying for setting aside the impugned judgment and order passed by the learned Sessions Judge, Karimganj in criminal revision No. 35(3)/2008 which was analogously heard along with criminal revision No. 37(3)/2008 filed by the informant respondent No. 2, whereby and where

under the order of discharge of the accused from the offence of Section 384, IPC passed by the learned CJM Karimganj inG.R. case No. 899/2007 vide order dated 2.7.2008, was set aside.

2. I have heard Mr. A.M. Majumdar, learned senior advocate assisted by M. Nath for the accused petitioner and Mr. S.K. Medhi, learned counsel appearing for the respondent informant Mr. K. Munir, learned PP appears on behalf of the respondent No. 1 State of Assam.

3. An information under Section 154, Cr.P.C having been lodged with OC Karimganj, police station, by the informant, respondent against the petitioner alleging commission of certain offences, police registered Karimganj police station case No. 426/2007 under Sections 354/506/384 IPC. Upon registration of the FIR, the law of investigation was set into motion.

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