Nurul Islam Laskar v. The State of Assam and 5 Ors

ORDER

11.10.2023 Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent and Ms. R. Choudhury, learned counsel appearing on behalf of respondent Nos. 2, 3 and

4.

¶2In this petition under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, the petitioner, namely, Nurul Islam Laskar, has challenged the correctness or otherwise of the order dated

05.04.2023, passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar, in Criminal Revision Case No. 61 of 2023.

¶3It is to be noted here that vide impugned order dated 05.04.2023, the learned Court below has stayed the operation of the order dated 31.03.2023, Page No.# 3/4 passed by the learned ADM, Cachar, Silchar, in Case No. 225M/2023.

¶4Perused the petition and the documents placed on record and also perused the objection filed by respondent Nos. 2 to 4 and also perused the additional affidavits dated 21st June, 2023 and 14th July, 2023, filed by respondent Nos. 2 to 4 and also perused the additional affidavit filed by the petitioner dated 2nd August, 2023, and the impugned order dated 05.04.2023.

¶5It appears that vide impugned order dated 05.04.2023, the learned Court below has stayed the operation of the order dated 31.03.2023, passed by the learned ADM, Cachar, Silchar, in Case No. 225M/2023, whereby the learned ADM has drawn up a proceeding under Section 145 CrPC and asked the parties to file written statement in respect of claim over the disputed land and to attach the disputed land under Section 146 (1) CrPC and restrained both the parties from entering into the disputed land, until further orders.

¶6Since the order dated 05.04.2023, is an interim order, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by relegating the parties to approach the learned Court below by filing appropriate application for modification or vacation of the impugned order, with a certified copy of this order, within a period of one week from today and after receiving the copy of the order of this Court, the learned Court below shall endeavour to dispose of said application within a period of 15 days from today, without being influenced by any of the observation made by this Court.

¶7In terms of above, this criminal petition stands disposed of. Till disposal of the application, the interim order, passed by this Court on 12.05.2023, shall continue. Page No.# 4/4

¶8The respondents will be at liberty to file their objection before the learned Court below.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010095882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./444/2023o NURULoISLAMoLASKARo S/OoLATEoISKANDARoALIoLASKARo R/OoVILL-oRONGPUR,oPART-IV,o P.S.oSILCHARo DIST.oCACHAR VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREP.oBYoTHEoPP,oASSAM 2:KHALIQUEoUDDINoCHOUDHURY oS/OoLATEoNAMARoALIoCHOUDHURYo R/OoKALINAGARoPART-V o DIST.oHAILAKANDIo PRESENTLYoRESIDINGo RONGPURoPART-III oP.S.oSILCHAR o DIST.oCACHAR 3:AZIZURoRAHMANoBARBHUIYA oS/OoJAMSEDoALIoBARBHUIYAo R/OoVILL-oSEUTI o PORGONA-oBILRAMPUR o P.S.oKATHIGORAHo DIST.oCACHAR oPRESENTLYoRESIDINGoAToRONGPUR oPART-III Page No.# 2/4 PORGONA- BARAKPAR P.S. SILCHAR DIST. CACHAR ASSAM 4:MUSSTT. HAMIDA KHANAM CHOUDHURY W/O KHALIQUE UDDIN CHOUDHURY R/O KALINAGAR PART-V DIST. HAILAKANDI PRESENTLY RESIDING RONGPUR PART-III PORGONA-BARAKPAR P.S. SILCHAR DIST. CACHA Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR JUSTICE ROBIN PHUKAN