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2022 Supreme(Gau) 454

ROBIN PHUKAN
Md. Offijol Hoque S/o Md. Arman Ali – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N. Uddin.
For the Respondent: Mr. D. Gogoi.

JUDGMENT :

ROBIN PHUKAN, J.

1. Legality, propriety and correctness of Order dated 30.04.2022, passed by the learned Sub-Divisional Judicial Magistrate, Biswanath Chariali, is put to challenge in this Criminal Revision Petition, under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure.

2. It is to be noted here that vide impugned order, the learned Court below has dismissed the petition filed by the petitioner namely, Md. Offijol Hoque, seeking custody of one seized Tractors, bearing Registration No. AS-12-BC-2124, being the registered owner of the same.

3. The factual background leading to the filing of this present Revision Petition is briefly stated as under:

    “On 23.03.2022, at about 10.30 A.M. the Forest Range Officer, Crime Investigation Range, Biswanath Chariali received information about killing of one wild Asiatic Buffalo, which was coming out of the 6th Addition area, in search of food and was killed by some people of Balidubi area. Based on said information, he conducted search operation with local police in Balidubi area, adjoining the 6th Addition area of Kaziranga National Park and Tiger Reserve and during the search operation, fresh meat and full sk

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