RAJA CHAMUAH S/O SRI ROHINI CHAMUAH VILL Vs. STATE OF ASSAM AND OTHERS
HIGH COURT OF GAUHATI
Raja Chamuah S/O Sri Rohini Chamuah Vill
State of Assam and Others
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RUMI KUMARI PHUKAN,J. -
(1.) This criminal petition has been preferred by the petitioner/1st party Raja Chamuah against the judgment and order dated 14.03.2016 passed by the learned Sessions Judge, Lakhimpur in Crl. Revision No. 26(4)2016 where by the learned Judge affirmed the judgment and order dated 12.10.2015 passed by the learned Sub-Divisional Magistrate , Dhakuakhana in Case No. 2/2015 under section 107 Cr.P.C., 1973 refusing to proceed with the case under section 133 Cr. P.C., 1973 and asked the parties to maintain peace and tranquillity in the locality.
(2.) The material facts, which have led to the making of the present criminal petition may be set out as follows-
(3.) A proceeding was drawn up under section 107 Cr.P.C., 1973 by the Sub-Divisional Magistrate, Dhakuakhana on the basis of a police report received from Dhakuakhana P.S. in connection with one Non-FIR case No. 01/2015 wherein complain was filed by the present petitioner Raja Chamuah apprehending the breach of peace in their locality as, the dispute arises regarding the closure of a road on 03.01.2015 by Sri Lakhya Chamuah, Kaushal Chamuah and Dipak Chamuah (respondent herein). As per the police report the disputed land had been using by the petitioner and three/four other families of that locality as a road prior to 03.01.2015 and on 03.01.2015 the opposites parties have closed the road and thereby creating obstruction to the petitioner and other three/four families and there was apprehension of breach of peace in the locality and submitted to draw up a proceeding under section 107 Cr.P.C., 1973 Thereafter on 13.01.2015 some persons namely Rohini Chamuah, Bijoy Chamuah both sons of Lekhan Chamuah, Pinku Chamuah and Gyandeep Chamuah both sons of Snjib Chamuah submitted a complain before the Deputy Commissioner, Lakhimpur alleging about the closure of the said road by Lakhya Chamuah, Kaushal Chamuah and Dipak Chamuah and prayed to draw up a proceeding under section 133 Cr.P.C., 1973 and the same was endorsed to the Sub-Divisional Officer, Dhakuakhana for taking necessary steps.;
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