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1986 Supreme(Gau) 103

MANISANA
Biswajit Nag Choudhury & Ors. – Appellant
Versus
Joy Kumar Roy @ Joy Kumar Namasudra & Others – Respondent


Advocates Appeared:
S.R.Bhattacharjee, R.P.Sarma, M.Sarma,P.P.

By this petition the petitioners have challenged the lega­lity of the orders dated 11.4.85 and 17.4.85 passed by the lear­ned Assistant Sessions Judge, Karimganj.

2. The facts of the case may briefly be stated. The learned Assistant Sessions Judge, Karimganj, in Sessions Case No. 28 of 84, by an order dated 20.11.84, acquitted the petitioners on all the charges U/Ss. 324 and 379, IPC. Thereafter, the petitioners on 10.4.85 filed an application in the Court of the Assistant Sessions Judge for prosecuting the opposite party Joy Kumar Roy under section 211, IPC for filing a false and ma­licious ejahar and for giving false evidence with an ulterior motive of harming the reputation and status of the petitioners and their family members in the eyes of the public. On 11.4.85, on the petition the learned Judge passed the following order :

"The case in question has since been disposed of. This court has nothing to do with this petition. The petitioner may move if he is so advised in proper forum."

Thereafter, the petitioners filed an application for a certified copy of the order. On 17.4.85, the learned Judge passed the following order :

"The case in question has since been disposed of. Hence n












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