BAHARUL ISLAM, D.PATHAK
AJIT KUMAR SARMAH – Appellant
Versus
STATE OF ASSAM – Respondent
Baharul Islam, J. :- This is an application under Section 482 of the Code of Criminal Procedure, 1973. The material facts briefly are these : The petitioner is the Ex-president of the Assam College Teachers' Association, President of the Assam Political Science Association and is the Professor and Head of the Department of Political Science of the Handique Girls' College, Gauhati. He is also a prominent member of the Socialist Party, Assam.
2. There was some sort of turmoil with regard to the holding of the Pre-University Examinations of the Gauhati and the Dibrugarh Universities in June, 1975, and in that connection, it is stated by the petitioner, on the morning of 11-6-1975 the police indiscriminately arrested hundreds of students. The Principal of the Arya Vidya Pith College, Gauhati, lodged a first information report on 12-6-1975 at 6-30 p.m. at Bharalumukh Police Out Post that "some miscreants entered into the campus and assaulted Vice-principal of the College, Sri B. Bhuyan, and D. Barman, Lecturer in the Department of Mathematics of the College, two bearers, and one student of the College", and requested for necessary action. On that day at about 11 P.M. while the p
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