PROMOD ADHIKARI AND 3 ORS Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-7-93
HIGH COURT OF GAUHATI
Decided on July 27,2018

Promod Adhikari And 3 Ors Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This criminal petition under Section 482 CrPC is filed by the petitioner praying for quashing the charge sheet No. 20/2017 and the proceeding in Gitanagar P.S. Case No. 10/2017 corresponding to GR Case No. 2179 pending in the Court of Judicial Magistrate First Class (JMFC), Guwahati.
(2.) The brief fact of the case is that on 26.02.2017, Ambika Bora, Bishni Bora, Hemen Talukdar and Pramod Adhikari illegally trespassed into the land of the informant/respondent No. 2 and caused damages to the fencing and the RCC post. It was stated in the FIR that hammar carried by Ambika Bora to broke the iron fencing, struck the husband of the informant. On the basis of the said FIR, police registered a case and after investigation, submitted charge sheet under Section 447/427/452 IPC against all the petitioners, named in the FIR.
(3.) Learned Sr. Counsel Mr. A.K. Bhattacharya contended that there was no allegation against the other three petitioners except Smt. Ambika Bora and the allegations made against Ambika Bora also did not make out any offence and as such the proceeding deserves to be quashed. Per contra, learned Sr. Counsel Mr. N. Dutta, contended that the materials collected during investigation clearly made out offence of criminal trespass under Section 447 IPC and mischief under Section 427 IPC and as such, there is no question of quashing the proceeding.;


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