Akhtar Hussain v. Farhan Ahmed and Anr

ORDER Date : 29.08.2023 By this common order, the Criminal Petition No. 654/2018 as well as Criminal Petition No. 782/2018 are proposed to be disposed of. Heard Ms. N. Dekaraja, learned counsel for the petitioner. Also heard Ms. A. Bhattacharyya, learned counsel for the respondent No. 2 in Criminal Petition No. 654/2018 and respondent No. 1 in Criminal Petition No. 782/2018. It is submitted by learned counsel for the respondents that in a similar case which pertains to proceeding in connection to CR Case No. 2037C/2017 pending before the Court of learned Chief Judicial Magistrate, Kamrup(M), Guwahati, this Court by order dated 25.11.2021 passed in Criminal Petition No. 751/2018 had dismissed the said criminal petition on the ground that the dispute between the parties involved both question of fact as well as law and as question of facts are involved, the Court may not dwell into the said question in a petition under Section 482 of the Code of Criminal Procedure, 1973 and the matter was left for the parties to be agitated before the learned Trial Court where the evidence was to be recorded. The learned counsel for the respondents has submitted that in the instant two cases also, namely, CR Case No. 2036C/2017 in Criminal Petition No. 654/2018 as well as CR Case No. 2038C/2017 in Criminal Petition No. 782/2018, the question of facts as well as law are involved and as the issue involves both the question of facts as well as law, the parties may be left to raise the said issues before the learned Trial Court and these cases are not fit cases to be quashed in exercise of powers under Section 482 of the Code of Criminal Page No.# 4/4 Procedure. The learned counsel for the petitioner agrees to the submissions made by learned counsel for the respondents and submits that she has no objection if these two criminal petitions are disposed of with an observation that the parties may raise their issues before learned Trial Court. In view of the submissions made by learned counsel for the parties, Criminal Petition No. 654/2018 and Criminal Petition No. 782/2018 are hereby dismissed with liberty to the parties to raise the contentions before the learned Trial Court, if so advised. Interim order, if any, are hereby vacated.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010147182018 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./654/2018 AKHTAR HUSSAIN S/O ABDUS SUBHAN, R/O CLASSICAL APARTMENT, SIJUBARI, PO AND PS HATIGAON, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:ZENAT NAZMIN AHMED D/O NURUZ ZAMAN AHMED R/O ANUPAM NAGAR ROSE LANE HOUSE NO. 21 GUWAHATI-38 PS HATIGAON DIST. KAMRUP (M) ASSAM 3:AKKAS ALI S/O LATE HABEZ UDDIN R/O NOTBOMA HOUSE NO.30 PO HATIGAON PS HATIGAON GUWAHATI-38 DIST. KAMRUP (M) ASSA Advocate for the Petitioner : MR. Y S MANNAN Advocate for the Respondent : PP, ASSAM Page No.# 2/4 Linked Case : Crl.Pet./782/2018 AKHTAR HUSSAIN S/O ABDUS SUBHAN R/O CLASSICAL APARATMENT SIJUBARI PO AND PS HATIGAON DIST. KAMRUP(M) ASSAM GHY-38 VERSUS FARHAN AHMED AND ANR. S/O NURUZ ZAMAN AHMED R/O ANUPAM NAGAR ROSE LANE HOUSE NO. 21 PO AND PS HATIGAON GUWAHATI-28 DIST. KAMRUP (M) ASSAM 2:AKKAS ALI S/O LATE HARBEZ UDDIN R/O NOTBOMA HOUSE NO. 30 PO HATIGAON PS HATIGAON GUWAHATI-38 DIST. KAMRUP(M) ASSAM ------------ Advocate for : MR. Y S MANNAN Advocate for : MS. A BHATTACHARYYA (R1) appearing for FARHAN AHMED AND ANR. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA