MD. NAZIRUDDIN AHMED Vs. MD. MOHARRAM HUSSAIN
LAWS(GAU)-1994-8-10
HIGH COURT OF GAUHATI
Decided on August 10,1994

Md. Naziruddin Ahmed Appellant
VERSUS
Md. Moharram Hussain Respondents


Referred Judgements :-

SHRI DINOBANDHU V. SANTOSH [REFERRED TO]


JUDGEMENT

M. Sharma, J. - (1.)Heard Mr. C. Baruah, learned counsel for the petitioner.
(2.)The petitioner has filed this criminal revision for quashing the continuation of the proceeding in Case No. 30/94 under section 145 Crimial P.C. pending before the Additional District Magistrate, Dibrugarh. The petitioner has come before this Court against the order dated 19.3.94 passed by the same Court.
(3.)145 Crimial P.C. proceeding was drawn up at the instance of first party/ opposite party Mahammad Hussain. By order dated 17.3.94 the learned Additional District Magistrate, Dibrugarh while released the land from the attachment holding that the second party is in possession of the disputed land although name of the first party appeared in the Jamabandi by an order of Circle Officer in 1986. Further it was held that whatever is the case, the matter is civil nature and therefore the proceeding under section 145 Crimial P.C. could not stand for want of occupation of the first party. But after that the learned Additional District Magistrate instead of dropping the proceeding directed to continue the proceeding for his further satisfaction and the date was fixed for further hearing. Again on 19.3.94 by this impugned order the learned Additional District Magistrate, Dibrugarh attached the land on the ground that OC, Tengakhat Police Station reported that the situation is going beyond control due to imminent clash between both the parties and apprehending danger, the ADM attached the land.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.