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2018 Supreme(Gau) 593

MIR ALFAZ ALI
Binoy Sharma – Appellant
Versus
Nagendra Nath Sharma – Respondent


Advocates Appeared:
For the Appellant : Mr. M.K. Sharma, Mrs. S.S. Saikia
For the Respondent: Mr. B. Pathak

JUDGMENT & ORDER :

1. Aggrieved by the order dated 13.12.2016 passed by the learned JMFC, Kamrup (M) in CR Case No.929/2015, the petitioner has filed the present petition under Section 482 Cr.P.C., praying for setting-aside the impugned order and also for direction to issue notice for production of the original documents.

2. The petitioner and the respondent are brothers. The petitioner owns a plot of land at village Kachari Garigaon in the district of Kamrup (M), Assam. As the petitioner resides in his native place at North Lakhimpur, he entrusted the respondent being his brother to look after the said property. Taking advantage of looking after the property, the respondent prepared a forged gift deed in respect of the said land of the petitioner in favour of the respondent forging the signature of the petitioner and therefore, the petitioner lodged a complaint against the respondent which was pending trial before the JMFC, Kamrup (M). In the said criminal proceeding, the petitioner filed an application under Section 66 of the Evidence Act, 1872 praying for issuing notice to the respondents to produce the original gift deed which was in possession of the respondent and also the sub-





























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