AMAL PAUL CHOUDHURY Vs. DWIJAMONI SINGH
HIGH COURT OF GAUHATI
Amal Paul Choudhury
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Hitesh Kumar Sarma, J. -
(1.) This is an application, filed under Section 482 CrPC, seeking quashment of the judgment and order dated 03.06.2013, passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar, in Criminal Revision No. 23/2012.
(2.) I have heard, Mr. P. Bora, learned counsel appearing for the petitioner and Mr. NN. Upadhaya, learned counsel appearing for the respondent. I have also perused the impugned judgment and order including records of the learned trial Court.
(3.) The aforesaid revision petition, before the learned Additional Sessions Judge (FTC), was filed challenging the order dated 04.02.2012, passed in case No. 230(M)/2004, under Section 145 CrPC. In the case No. 230(M)/2004, the learned Additional District Magistrate passed an order dated 24.02.2009, declaring possession of the disputed land in favour of the first party/present respondent. Thereafter, the second party/present petitioner, preferred the aforesaid revision petition before the learned Additional Sessions Judge (FTC), Silchar and the order dated 24.02.2009, referred to above, was set aside on revision with a direction to dispose of the case afresh after giving opportunity of hearing to both the parities. Thereafter, as second party did not appear and had not taken steps, the learned trial Court of Additional District Magistrate, passed an ex parte order declaring again the possession of the first party/present respondent over the disputed land vide order dated 04.02.2012.;
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