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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PRANJAL DAS
Rajib Luthani Alias Rajib Longthulu, Son Of Sri Biren Lunthani – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. T. Deuri, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State and Md. B. Islam, learned counsel for the respondent No. 2.
2. The petitioners have filed an application under Section 528 of BNSS, seeking quashing of the impugned order dated 21.05.2025 passed by the learned CJM, Kamrup(M), in connection with Misc. Case M c No. 31 /2015 (arising out of Complaint case No. 3388 /2008). Petitioners were convicted and sentenced to SI for one month u/s 447 of the IPC and SI for 6 months u/s 427 of the IPC and directed to pay Rs 5,000/- compensation to the complainant u/s 357(3) of the CrPC and were also directed to restore possession of the complainant within one month u/s 456(1) of the CrPC.
3. The facts in a nutshell are that on 23.06.2008, the complainant/respondent No. 2 had filed a complaint case vide c Complaint Case No. 3388 /2008, before the court of learned CJM, Kamrup(M) at Guwahati against the present petitioners inter alia alleging that on 06.04.2008, when the respondent No. 2 came out from her house for marketing, the petitioners had set her hotel on fire which was located near t
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