MUSTT. PIYARA KHATUN AND ORS. Vs. MD. YASIN ALI

JUDGEMENT

(1.) THIS is an application for quashing a criminal proceeding pending since 1977. The action has a Civil flavour. Its nature and character speak eloquently that it should have entered in a different forum which adjudicates civil actions. This impression, I gather upon reading the complaint. The learned Magistrate who had issued summons against the accused under Sections 406 and 420 I.P.C. duly realised his mistake in summoning the accused but at a belated stage of the proceedings, While making the order for custody of the subject matter of the case, the learned Magistrate exclaimed that the allegations were of "civil nature" and articulated thus, "apart from that it is evident that the claim of the claimant is of civil nature".

(2.) AGAINST the order of custody pendent proceedings the Complainant moved the learned Sessions Judge, Goalpara, at Dhubri, for setting aside the order. The learned Judge set it aside and directed the machinery to be deposited in "Malkhana" or in the alternative, in "the Zimma of a third person".

(3.) THE statement of facts set forth in the complaint are extracted below: