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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Nirupam Sonowal Son Of Dipak Kumar Sonowal – Appellant
Versus
State Of Assam Rep By The Pp – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
1.Heard Mr. T. Deuri, Learned Counsel appearing for the petitioner and also heard Mr. S. Banik, Learned Counsel appearing for the respondent number 2. The learned APP represents the State.
2. The bone of contention in this criminal petition is an order dated 3-8-2024, whereby the court of the learned S.D.J.M. Sadiya Sapakhowa had decided to take cognizance against the petitioner herein on the perusal of the statements of a complainant petition supported by an affidavit and upon hearing the learned engaged counsel for the complainant. The learned magistrate had also taken into account the statements of two witnesses under 225 B.N.S.S.
3. The facts of the case in brief is that the respondent number 2 herein had lodged an FIR before the officer in charge, Zero Point, Dhala Police Station, Tinsukia, Assam, alleging that some unknown persons had entered into a piece of land owned and possessed by the respondent number 2 herein and had illegally put up a banner of a voluntary organisation. The petitioners have been alleged to be the president and secretary of the voluntary organisation, which had allegedly entered into the land of the respondent no.2 herein.
4.
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Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
A Protest Petition against a closure report can be treated as a complaint if it meets the necessary requirements, allowing a magistrate to take cognizance even after a final report is submitted.
A Magistrate cannot take cognizance of the same offence multiple times once it has been committed to the Sessions Court, affirming that further cognizance without proper cause is legally impermissibl....
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