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2006 Supreme(Gau) 762

I.A.ANSARI
Siraj Ali – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: L. Rahman, Adv.
For Respondents/Defendant: B.S. Sinha, Adv.

ORDER

I.A. Ansari, J.

1. The facts, giving rise to the present revision, may, in brief, be noted as follows:

(i) In G.R. Case No. 444/99, the police submitted charge-sheet under Sections 147,148,149,436,302,201, IPC against persons named as accused in the said charge-sheet. By order, dated 1.6.2004, the learned Chief Judicial Magistrate made over the case to learned Sub-Divisional Judicial Magistrate, Mangaldoi, for disposal and, on receipt of the record, an order was passed, on 4.6.2004, by the learned SDJM directing issuance of warrant of arrest against the accused persons. By order, dated 4.2.2005, Proclamation and Attachment were directed to be issued against the accused. On the strength of the warrant of arrest, the police arrested one of the accused persons, namely, Rustom Ali, and, on his production in the Court of the learned SDJM, an order was passed, on 22.12.2005, remanding the said accused to judicial custody and the prayer for bail made by the said accused was also turned down.

(ii) The present Petitioners filed Criminal Petition No. 18/2006 seeking to get set aside the order, dated 4.6.2004, aforementioned, whereby warrants of arrest had been directed to be issued against



















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