Jainul Haque Sheikh v. The State of Assam and Anr

ORDER Date : 20.06.2024 Heard Mr. L.R. Mazumder, learned counsel appearing for the petitioner and Page No.# 2/3 Mr. D. Das, the learned Additional P.P. for the State of Assam/respondent No. 1.

¶2None appears for the respondent No. 2.

¶3This is a petition u/s 482 of the Cr.P.C. praying for setting aside the order dated 09.03.2023 passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar in Criminal Revision Petition No. 141 of 2022.

¶4The present petitioner is the registered owner of a vehicle bearing registration No.AS-01-AQ/4848. He has alleged that the respondent No. 2 has borrowed his vehicle and did not return the same.

¶5Therefore, the petitioner filed an application before the Court of the Magistrate and the Court allowed the prayer of the petitioner.

¶6The respondent No. 2 filed a Revision Petition before the learned Additional Sessions Judge, (FTC), Cachar, Silchar. The Revisional Court observed that the Court of the Magistrate without making any enquiry u/s 94 of the Cr.P.C. had allowed the prayer of the present petitioner.

¶7Therefore, the order of the Add. District Magistrate, Cachar, Silchar dated

07.12.2022 was set aside and the matter was remanded back to the Court of the Magistrate to make necessary enquiry as required u/s 94 of the Cr.P.C.

¶8The vehicle is still pending in the custody of police. The present petitioner is the registered owner of the vehicle having all valid documents.

¶9Therefore, the impugned order dated 09.03.2023 passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar is not found to be logical and stands set aside.

¶10The order of the Add. District Magistrate, Cachar, Silchar dated 07.12.2022 passed in Case No. 895 of 2022 is restored. Page No.# 3/3

¶11The petitioner shall act accordingly pursuant to the order passed by the Add. District Magistrate, Cachar, Silchar. The criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010139622023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./733/2023 JAINUL HAQUE SHEIKH S/O LATE AFTAB ALI SHEIKH R/O VILL-BERABAG PART-II, P.S. SONAI, DIST. CACHAR, ASSAM TEMPORARY R/O C/O DIBARASMI BERIA, H.NO. 17, RUPNAGAR, BHANGAGARH, KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:NURUL HAQUE CHOUDHURY S/O KUTI ALI CHOUDHURY R/O VILL- KALINAGAR PART-VI (BABU BAZAR) P.S. PANCHGRAM DIST. HAILAKANDI ASSAM PIN-78880 Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA