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2021 Supreme(Gau) 506

NANI TAGIA
Abdul Mannan S/o. Late Samser Ali – Appellant
Versus
State of Assam, represented by the Public Prosecutor, Assam – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.K. Das.

JUDGMENT :

Heard Mr. D. Barman, learned counsel for the petitioner and Mr. P. Sarma, learned APP for the respondent no.1. None has appeared for the respondent no.2-7, though notice on respondent nos.2-7 have been served as indicated in order dated 01.04.2021.

2. This is an application under Section 397 read with Section 401 Cr.P.C. assailing the order dated 28.05.2019 passed in PR Case No.1436/2015 by the learned Additional Chief Judicial Magistrate, Nagaon whereby the proceeding was stopped under Section 258 Cr.P.C. and all the accused persons were discharged.

3. The facts leading to filing of the instant revision petition are as follows: the petitioner had lodged a complaint against the respondent nos.2-6 before the Officer-In-Charge, Juria P.S. on 11.01.2015 alleging that on 11.01.2015, at about 3 A.M., the accused persons along with a group of anti social elements armed with deadly weapons entered into his plot of land and tried to occupy the same forcefully and dismantled his house and thereafter, constructed a new house over the said plot. Pursuant to the above complaint, an FIR No.25/2015 under Section 143/447/427 IPC was registered by the Officer-in-Charge of the Juria P.S. on

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