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2011 Supreme(Gau) 342

A.C.UPADHYAY
Gauri Kanta Borah – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. M. Konwar & Mr. T.J. Mahanta
For Respondents/Defendant: P.P. Assam

JUDGMENT

A.C. Upadhyay, J.

1. By this application, the petitioner has challenged the impugned order dated 19.07.03, by which the learned Chief Judicial Magistrate, Dhubri, took cognizance for the commission of offence alleged under Section 448/342/323 IPC, in connection with G. R. Case No. 167/2001.

2. The facts leading to the filing of this revision petition may be stated in brief as follows:-

3. The petitioner was serving as Police Officer, of Gauripur Police Station on 21.08.95. During that period 'All Assam Students Union (in short AASU) had called for 12 hours Assam Bandh and on that day the petitioner accompanied by police force was on duty to maintain law and order situation. On the date of occurrence, some students of the locality tried to close down some shops and establishments and started quarrelling with the owners of the shops and commercial establishment. Accordingly, on reaching the place of occurrence, the petitioner arrested one Sri Pran Gobinda Sana and took him to the Police Station, for interrogation and after due interrogation released him from the Police Station.

4. In the meantime, Pran Gobinda Saha filed a complaint before the National Human Rights Commission all





















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