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ROBIN PHUKAN
Magus Construction Private Limited – Appellant
Versus
State of Assam – Respondent
Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. P.P. for the respondent No.1 and Mr. A.K. Bhuyan, learned counsel for the respondent No.2.
2. In this petition, under Section 482 of the Cr.P.C., read with Article 227 of the Constitution of India, two petitioners namely, M/S Magus Construction Private Limited and Shri Anup Kumar Nath, have challenged the correctness or otherwise of the order, dated 16.07.2018, passed by the learned Judicial Magistrate 1st Class, Kamrup (M) at Guwahati, in Complaint Case No. 1729C/2012. It is to be mentioned here that vide impugned order, the learned Court below had allowed the petition No. 6384, dated 06.04.2018, filed by the respondent under Section 91 of the Cr.P.C.
3. The factual background, leading to filing of the present petition, is briefly stated as under:
The main legal point established in the judgment is that an order passed under Section 91 of the Cr.P.C. is an order of interlocutory nature and does not attract the bar under Section 362 of the Cr.P....
The court ruled that maintaining status quo under Section 145 of the Code of Criminal Procedure is justified to prevent a breach of public peace in ongoing land ownership disputes.
A magistrate must provide a reasoned order demonstrating a prima facie case before taking cognizance of defamation charges.
Section 145 CrPC proceedings quashed lacking imminent breach apprehension, delayed initiation post-police resolution, untested witness evidence sans cross-examination, and title adjudication; inheren....
The main legal point established in the judgment is the duty of the accused persons to comply with court orders, especially when they have not challenged the orders and have continuously absented the....
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