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2024 Supreme(Gau) 651

MRIDUL KUMAR KALITA
Abdul Kadir S/o Abdul Matin – Appellant
Versus
State of Assam Represented by the PP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A. Ahmed, Advocate
For the Respondent: Mr. D. Das, Additional Public Prosecutor

JUDGMENT :

M.K. Kalita, J.

1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor representing the State of Assam.

2. This Criminal Petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, 1973 read with Section 397/401 of the said Code by the petitioner namely, Abdul Kadir impugning the order dated 10.02.2023 passed by learned Session Judge Karimganj in Criminal Appeal No. 14/2022, whereby the order dated 20.08.2022, passed by learned Additional Chief Judicial Magistrate, Karimganj in G.R. Case No.1088/2022 was upheld. By the said order, the prayer for zimma, by the petitioner, of his cattle, which were seized in connection with the said case, was rejected by the learned Additional Chief Judicial Magistrate, Karimganj.

3. The facts relevant for the consideration of the instant criminal petition, in brief, are as follows:

    (i) On 23.05.2022 one Sri Pranab Mili, SI of Police of Malua PICP had lodged an FIR before the Officer-In- Charge of Badarpur Police Station, inter-alia, alleging that on 22.05.2022, at about 9.55 pm, an information was received through reliable sources

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