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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Mokbul Hossain – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. Z. Kamar, the learned senior counsel assisted by Mr. P.D. Choudhury, the counsel appearing for the petitioners. Also heard Ms. H.S. Bora, the learned Addl.Public Prosecutor, Assam.
2. This is an application under Section 482 of the CRIMINAL PROCEDURE CODE praying for quashing the proceedings of C.R. Case No.664/2019 pending in the court of the learned Chief Judicial Magistrate, Kokrajhar.
3. Both the petitioners are practicing advocates and members of Gossaigaon Bar Association. On 28.06.2016, Smti. Muslima Bibi had lodged a Complaint Petition under Section 200 of the CrPC in the court of the learned Sub-Divisional Judicial Magistrate, Gossaigaon.
4. In the said complaint, it was alleged that few months ago, Mokbul Hossain along with Md. Shomser Ali, Buttu Sk. and Jomser Ali had assaulted Abed Ali on the ground that he was maintaining relationship with a girl of the village. Abed Ali sustained serious injuries.
5. After that incident, Mokbul Hossain along with Md. Shomser Ali, Buttu Sk. and Jomser Ali had tried to persuade the complainant Muslima Bibi to give false evidence in their favour. She declined the said proposal. Therefore, those
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The main legal point established in the judgment is that in cases of alleged forgery, the court must consider the nature of the dispute, the absence of financial loss or loss of property, and the set....
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