A Magistrate must examine the complainants and witnesses before issuing notices to the accused under Section 223(1) of BNSS, 2023, ensuring compliance with procedural mandates.

JUDGMENT :

ANJAN MONI KALITA, J.

Heard Mr. B. Dutta, the learned Senior Counsel assisted by Mr. S. Deka, learned Counsel appearing for the Petitioners and Mr. S. K. Poddar, learned Counsel for the Respondent.

2. The instant Petition(Crl. Pet. 1126/ 2025) under Section 528 of BNSS, 2023 has been filed by the Petitioners praying for quashing of the proceeding of C.R. Case No. 144/2025 pending before the JMFC, Morigaon under Sections 303/324(4)/329(4)/3(5) of BNSS, 2023. It would be relevant to mention herein that C.R. Case No. 144/2025 was registered on the basis of a complaint lodged by one Arun Choudhury (Respondent herein) against the Petitioners before the Court of JMFC, Morigaon.

3. A similar Petition being Crl. Pet. No. 1127/2025 has been filed under Section 528 of BNSS, 2023 praying for quashing of the proceeding of C.R. Case No. 143/2025 pending before the JMFC, Morigaon under Section 303/324(4)/329(4)/3(5) of BNS. In this case also the C.R. Case No. 143/2025 was registered on the basis of a complaint lodged by one Shri Adhir Das (Respondent herein) against the Petitioners before the Court of Judicial Magistrate First Class, Morigaon.

4. In both the aforesaid Crl. Petitions i.e. Crl. Pet. 1126/2025 and Crl. Pet. 1127/2025, the issues raised are same and both have been filed for quashing the respective aforesaid C.R. Cases pending before the JMFC, Morigaon on the basis of complaints filed by the respective Respondents against the Petitioners. Due to similar facts and allegations as well as issues involved in both the Crl. Petitions, both are tagged together and listed together for hearing. Therefore, both the Petitions were heard together and are beingdisposed of by the instant common Judgement & Order.

5. The facts of the cases involved in both the Petitions being same are summarized hereinbelow:

(I) In the year, 1949, the father of the Petitioner No. 1, namely, Bholanath Choudhury along with his two brothers, purchased a plot of land measuring twenty four (24) bigas approximately from one Bapuram Deka @ Koch and started residing in their respective plots. In front of the aforesaid land, there was an open field which was declared by the Government as VGR land and since 1949, the father of the Petitioner No.1 is in possession of that land without interruption. However, in the year, 1964, the father of the Petitioner No. 1 allowed the Petitioner No. 1 to take possession of the VGR land measuring 2 kathas 10 lechas situated at village Jargaon under Mayong Revenue Circle for fishery, cowsheds etc. Since then, the said land is under peaceful possession of the Petitioner No. 1.

(II) In the year, 1967, the father of one Arun Choudhury, Respondent in Crl. Pet. 1126/2025, namely, Sri Nilakanta Choudhury who was the nephew of the father of the Petitioner No. 1, took shelter in the house of the father of Petitioner No. 1 and subsequently, he had given 1 bigha of VGR land under his possession to the said Nilakanta Choudhury i.e. the father of Arun Choudhury by the father of the Petitioner No.1. Later on, the Government settled the said land measuring 1 bigha in favour of the Respondent.

(iii) On 08.12.2024, when the Petitioner No. 1 went to his aforesaid land for development, the Respondent along with some other associates stopped him. As the Respondent along with some associates were trying to occupy the aforesaid land of the Petitioner No 1, the Petitioner No. 1 filed a petition under section 126 of BNSS, 2023 before the learned District Magistrate, Morigaon and accordingly, the District Magistrate, Morigaon directed the O.C.