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DIPAK MISRA, PRAFULLA C.PANT
Ganga Dhar Kalita – Appellant
Versus
State of Assam – Respondent


JUDGMENT

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 20.3.2014, passed by the Gauhati High Court in Criminal Petition No. 287 of 2009, whereby said Court has dismissed the petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code”) and declined to quash the criminal proceedings initiated against the appellant.

2. We have heard learned counsel for the parties and perused the papers on record.

3. Brief facts of the case are that a First Information Report dated 25.1.2009 was got lodged by respondent No. 3 Rabindra Nath Kalita at Police Station, Panbazar, District Kamrup, Assam. It is alleged in said report that Kaustav K. Kalita is minor son of respondent No. 3. He (Kaustav K. Kalita), respondent No. 4 Rishi Raj Borgohain, and respondent No. 5 Yuva Raj Borgohain are pattadars-in-possession of the land measuring 11 Bigha 2 Kathas 12 Lachas of Patta No. 56, situated in Village Kamarkuchi under Panbari Mouza of the District. It is further alleged that the complainant (respondent No. 3) came to know that appellant Ganga Dhar Kalita and one Birendra Kumar Das have sold the above mentioned land in favour of Sewali Oza, Kabin

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