GAHC010204832025 2025:GAU-AS:17370

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

1. C P .1126/2025

RIMINAL ETITION

1. Sri Bhupendra Choudhury,

S/o Lt. Bholanath Choudhury,

R/o- Village- Jhargaon, Mouza,

P.S. Jagiroad, District- Morigaon,

Assam

2. Sri Biswajit Choudhury,

S/o Bhupendra Choudhury,

R/o Village- Jhargaon, Mouza,

P.S. Jagiroad, District- Morigaon,

Assam.

…….Petitioner

-Versus-

Sri Arun Choudhury,

S/o Village- Jhargaon, Mouza,

P.S. Jagiroad, District- Morigaon,

Assam.

…….Respondents

2. C P .1127/2025 RIMINAL ETITION

1. Sri Bhupendra Choudhury, S/o Lt. Bholanath Choudhury, R/o- Village- Jhargaon, Mouza, P.S. Jagiroad, District- Morigaon, Assam

2. Sri Biswajit Choudhury, S/o Bhupendra Choudhury, R/o Village- Jhargaon, Mouza, P.S. Jagiroad, District- Morigaon, Assam.

…….Petitioner -Versus-

Sri Adhir Das, S/o Late Tukuni Das, R/o Village- Jhargaon, Mouza, P.S. Jagiroad, District- Morigaon, Assam …….Respondents – B E F O R E –

HON’BLE MR. JUSTICE ANJAN MONI KALITA For the Petitioner(s) : Mr. B. Dutta, Senior Advocate, Mr. S. Deka, Advocate.

For the Respondent : Mr. S. K. Poddar, Advocate Date on which judgment is reserved : 19.11.2025 Date of pronouncement of judgment : 15.12.2025 Whether the pronouncement is of the operative part of the judgment ? : Yes.

Whether the full judgment has been Pronounced : Yes.

BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA JUDGMENT& ORDER (CAV)

Date : 15-12-2025 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 MayongRevenue Circle for fishery, cowsheds etc. Since then, the said land is under peaceful possession of the P