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2024 Supreme(Gau) 1649

ARUN DEV CHOUDHURY
Aynul Haque Laskar S/O Late Abdul Sarkar Laskar – Appellant
Versus
State Of Assam And Anr Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M Khan, Mr. N J Dutta, Ms J Aktar
For the Respondent: Mr. B. Sarma, Addl.PP. , Assam, Mr. M Phukan, Ld, Pp, Assam,S. M. Zinna,Ms. S R Mazarbhuiya, Ms. A Begum, Mr. A M Barbhuiya

JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. N. J. Dutta, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent and Mr. A. M. Barbhuiya, learned counsel for the respondent No. 2.

2. The present application is filed under Section 482 Cr.P.C. for quashing of proceeding in CR case No. 604/2023 pending in the court of learned Judicial Magistrate 1st Class, Hailakandi.

3. Before dealing in details, the argument of the learned counsel for the parties, let this Court first record the facts of the present case which are necessary for proper determination of the case in hand.

    I. On 28.05.2016, an FIR was lodged by one Fariz Uddin Laskar against one Selim Uddin Laskar, one Kutub Uddin Laskar, one Aynul Hauqe Lascar (petitioner No. 1) one Narzul Haque Laskar (Petitioner No. 2) and one Abdus Suffan Laskar (Petitioner No. 3) with an allegation that the informant and the accused No. 1 and 2 are the brothers and there has been a long standing land dispute relating to their inherited property and to resolve the said dispute several village meetings were held, however, it remain unsettled. Thereafter, 25.05.2016, at around 10:00 AM,

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