TOHAR ALI AND 3 OTHERS Vs. THE STATE OF ASSAM AND ANOTHER
HIGH COURT OF GAUHATI
Tohar Ali And 3 Others
The State Of Assam And Another
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RUMI KUMARI PHUKAN,J. -
(1.) Heard Mr. B. Das, learned counsel for petitioners and T. K. Mishra, learned Addl. P. P., Assam for the State. None appears on behalf of the respondent No. 2.
(2.) By filing this petition under Section 482 Cr.P.C , 1973read with Article 227 of the Constitution of India, the petitioners have prayed for setting aside and quashing of the impugned order dated 23.02.2015, and further proceeding pursuant thereto pending in the Court of learned Chief Judicial Magistrate, Goalpara, Assam in G.R. Case No. 2526/14 arising out of Goalpara P.S. Case no. 719/2014 under Sections 447/427/379/34 IPC and the Charge sheet No. 17/15.
(3.) The petitioners' case in a nut shell is that on dated 05.11.2014, the respondent No. 2 (informant) i.e. Abdur Rahman, lodged an ejahar before the Goalpara Police Station alleging inter alia that while informant was constructing a new house upon a land belongs to one Hossain Ali on the strength of power of attorney from the owner, situated at Bhalukdubi, where he kept 50 bags of cement, 5 quintals of iron rod and 10,000 bricks. It is alleged that on the day of occurrence, the accused persons trespassed into the land by breaking the wall and took away the cement bags, rod and bricks. On the basis of the said FIR, the Officer-In-Charge of the Goalpara Police Station had registered a case against the accused petitioners being Goalpara P.S. Case No. 719/2014 under Section 447/427/379/34 IPC.;
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