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2018 Supreme(Gau) 1713

UJJAL BHUYAN
Sanjay Kumar Agarwala – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Haloi, Mr. P. Kataki and Ms. R. Begum
For the Respondent: Mr. S.K. Medhi and Mr. T.C. Chutia

JUDGMENT :

1. Heard Mr. P. Kataki, learned counsel for the petitioner and Mr. S. Dutta, learned counsel appearing on behalf of Mr. S.K. Medhi, learned senior counsel for respondent No. 2. Also heard Mr. T.C. Chutia, learned Government advocate, Assam for respondent No. 1. There is no representation on behalf of respondent Nos. 3 and 4 though notice served.

2. By filing this petition under article 226 of the Constitution of India, petitioner seeks quashing of order dated 24.9.2015, passed by the learned Addl. Sessions Judge, Dibrugarh in Assam Land Grabbing Case No. 6/2015 accepting the final report submitted by the Officer in-Charge of Borboruah Police Station in connection with Borboruah PS Case No. 143/2015 registered under section 447/506/34, IPC read with sections 4/5 of the Assam Land Grabbing Act, 2010.

3. This court by order dated 22.1.2016 had issued notice.

Case of the petitioner is that he had lodged a first information before the Borboruah Police Station alleging that on 28.5.2015 at around 9.30 am respondent Nos. 3 and 4 had illegally trespassed into his land carrying with them dangerous weapons and constructing bamboo fencing with the intent to grab his land illegally. Whe

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