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2007 Supreme(Gau) 700

I.A.ANSARI
Bijon Mahanta – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. By making this application, under Section 482 Cr.PC., the present two petitioners, who were accused in CR Case No. 314/2005, under Sections 9/12/30/3/32/33/35(6-8)/39/25(1)B/52, which is presently pending in the Court of learned Additional Chief Judicial Magistrate, Tezpur, have sought to get, inter alia, quashed the First Information Report, which has given rise to Tezpur Police Station Case No. 506/2007 under Sections 25(1)B of the Arms Act, 1959.

2. The material facts, giving rise to the present petition, may be set out as under:

(i) CR Case No. 314/2005 aforementioned has arisen out of a complaint lodged by the District Forest Officer, Western Assam Wildlife Division, the case of the complainant being, briefly stated, thus: As per verbal instructions received, on 10.10.2005, from the Forest Officer of Nameri National Park/Nameri Wildlife Region, four forest officials had gone inside Nameri Reserve Forest and when they reached Upper Dikiri Doimukh Tapo area of the said National Park/Wildlife Region, they noticed flashes of torchlight and also heard sound of oars steering wooden boat. A little while thereafter, they saw, under thin/mild/pale moonlight, two


















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