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2009 Supreme(Gau) 125

H.N.SARMA
Moinul Islam Choudhury – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.M. Majumdar, Sr. Adv. and M. Nath, Adv.
For Respondents/Defendant: K. Munir, Public Prosecutor and S.K. Medhi, Adv.

JUDGMENT

H.N. Sarma, J.

1. 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 Crl. Rev. No. 35(3)/2008 which was analogously heard along with Crl. Rev. No. 37(3)/2008 filed by the informant/Respondent No. 2, whereby and whereunder the order of discharge of the accused from the offence of Section 384 IPC passed by the learned C.J.M. Karimganj in G.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 RP. appears on behalf of the Respondent No. 1, State of Assam.

3. An information under Section 154, Code of Criminal Procedure having been lodged with O.C. 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 Sections354/506/384, IPC. Upon registration of the FIR, the law of investigation was' set into motion.

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