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GAUHATI HIGH COURT
Sri A.K. Bhuyan, J
M/s. Brahmaputra Iron and Steel Company (P.) Ltd. – Appellant
Versus
Sri S. Ali – Respondent
| Table of Content |
|---|
| 1. application for quashing criminal proceedings. (Para 1 , 3 , 4) |
| 2. arguments for and against simultaneous civil and criminal proceedings. (Para 2 , 5) |
| 3. court's observation on the effect of civil court orders. (Para 6 , 10) |
| 4. ratio on precedence of civil proceedings. (Para 8 , 9) |
| 5. final ruling on quashing the criminal case. (Para 12 , 13) |
1. This application under S.482 of the Code of Criminal Procedure , 1973 (Cr.PC), has been filed by the opposite party, praying for quashing of Case No. 15m of 2010, under S.145/146 of the Cr.PC, now pending before the learned Executive Magistrate, Amingaon, Kamrup (Rural), Guwahati.
2. Heard Sri A.K. Bhuyan, learned counsel for the petitioners as well as Sri S. Ali, learned counsel for the respondent No. 1. Also heard Sri B.B. Gogoi, learned Additional Public Prosecutor for the State of Assam. I have also perused the documents annexed with the criminal petition.
3. The criminal case has been filed by the respondent No. 1, alleging that the petitioners attempted to occupy / encroach the suit land on 10.3.2010, which led to law and order situation. On the basis of the said application, the proceeding under S.145, Cr.PC was drawn up
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