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2024 Supreme(Gau) 151

SUSMITA PHUKAN KHAUND
Ahmed Hussain Laskar, Son of Late Taimus Ali Laskar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr M.H. Laskar,
For the Respondents: Ms S.H. Bora, APP.

JUDGMENT :

Heard Mr M.H. Laskar, learned counsel for the petitioner, Ahmed Hussain Laskar.

2. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC, for short), read with Article 227 of the Constitution of India, seeking quashing of the impugned order dated 26.09.2023, passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar, in connection with Criminal Revision No. 106 of 2022.

3. The respondent No. 2 failed to appear on successive consecutive dates.

4. The respondent No. 1 is represented by the learned Additional Public Prosecutor, Mr M P Goswami.

5. The genesis of the case was that the petitioner has filed an application under Section 145/146(1) of the CrPC, before the Court of learned Additional District Magistrate, Cachar, Silchar (ADM, for short), alleging inter alia, that the petitioner inherited the parcel of land mentioned in the schedule of the petition (DL, for short) and was in peaceful possession of the said land. The respondent No. 2, without any possessory rights tried to encroach over the DL. On 19.08.2022, at about 10/10:30 AM, the respondent No. 2, along with other miscreants, armed with deadly weapons t

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