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2005 Supreme(Gau) 788

I.A.ANSARI
Sushil Kumar Barua – Appellant
Versus
Golok Chandra Kalita – Respondent


JUDGMENT

I.A. Ansari, J.

1. The order under challenge in the present revision was passed by the learned Chief Judicial Magistrate, Nalbari, on 07.10.1994, directing issuance of summons to, amongst others, the accused petitioner under Sections 343/330/34 IPC.

2. The material facts and chronology of events, which led to making of the present revision, may, in brief, be set out as follows:

(i) The opposite party herein, viz., Golok Chandra Kalita lodged a complaint, on 06.09.1994, in the Court of the Chief Judicial Magistrate, Barpeta, which have rise to Complaint Case No. 1385c of 1994, the case of the complainant being, in brief, thus: On 15.07.1994 at about 12 noon, accused No. 1, (i.e., the petitioner herein), who is an inspector of Police and was, at relevant point of time, Officer-in-Charge of Nalbari Police Station, accompanied by accused No. 2, Viz., Sudhangsu Sukla Baidhya, an inspector of Police at the said Police Station, and other staff, came to the business premises of the complainant at Pathshala and conducted a search of the complainant's said business premises including the shop as well as the store house without following the legal procedure and, then the accused persons,
































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