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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Hasbi Mehazabur Rahman – Appellant
Versus
Mustafa Syed Mahmood Muktadir, Son Of Late Syed Hamidur Rahman – Respondent
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. M.H. Saikia, learned counsel for the petitioners and Mr. G.Z. Ahmed, learned counsel appearing for the respondent/complainant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.
2. The instant application has been filed by the petitioners, namely, 1. Hasbi Mehazabur Rahman and 2. Rana Ahmed under Section 528 of BNSS , 2023, seeking quashing of the Complaint Case No. 39/2025, pending before the learned Court of Judicial Magistrate First Class, Kamrup(M).
3. The facts giving rise to the instant proceeding may be narrated in a nutshell: the complainant i.e. Mustafa Syed Mahmood Muktadir. The respondent herein entered into an agreement with the petitioner/accused no.1 i.e. Hasbi Mehazabur Rahman vide deed of agreement dated 22.05.2018 bearing deed no.6428/2018 for construction of a multistoried building over the land of the complainant measuring 4 Katha 9 Lechas covered by Dag No.337, Patta No.1957 located in Beltola area in the district of Kamrup(M), Guwahati and described in the Schedule-A of the said deed of agreement.
4. Pursuant of such agreement, on the very same day i.e. 22.05.2018, the complainant and the present
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