Ismail Ali v. Fakhrul Islam and 2 Ors

ORDER

01.05.2024

¶1Heard Mr. M. U. Mahmud, learned counsel for the petitioner. Also heard Mr. S. Hussain, learned counsel for the respondent Nos. 1 and 2.

¶2The present criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing the MR Case No. 66/2023 under Section 107/145/146(1) of Cr.P.C. and all the consequential orders passed by the learned Additional District Magistrate, Hojai, Sankardev Nagar and also the notice dated

10.06.2023.

¶3The respondent No. 1 instituted a proceeding under Section 145 of Cr.P.C. before the learned Additional District Magistrate, Hojai, Sankardev Nagar, in MR Case No. 66/2023 in respect of a plot of land measuring 8 Bighas 1 Katha 9 Lechas and also apprehended breach of peace and tranquility arising out of the dispute relating to the aforesaid plot of land.

¶4The aforesaid proceeding is challenged in the present criminal petition filed under Section 482 of the Code of Criminal Proceeding inasmuch as the subsequent order dated 10.06.2023 passed by the learned Magistrate allowing attachment of the plot of land.

¶5Mr. Mahmud, learned counsel for the petitioner submits that the petitioner had purchased the disputed land by different registered sale deeds in the year 1973 and they are in possession of the disputed land since then. Page No.# 3/3

¶6On the other hand, the learned counsel for the respondent Nos. 1 and 2 submits that they are in possession of the land and the present petitioner is disturbing their possession.

¶7However, Mr. Mahmud, learned counsel for the petitioner further submits that in the meantime, the petitioner has preferred a Title Suit being TS No. 52/2023 for declaration of right, title and interest and for permanent injunction in respect of the disputed land. It is further submitted by Mr. Mahmud, learned counsel for the petitioner that an injunction petition is also pending for consideration therein.

¶8Such position has not been disputed by the learned counsel for the respondent Nos. 1 and 2.

¶9In view of the aforesaid, the learned Magistrate shall have no jurisdiction at this stage to continue with the further proceeding under Section 145 of Cr.P.C., inasmuch as essentially the dispute relates to claim of ownership and possession over the disputed land and the petitioner has already opted to file a suit.

¶10In view of the aforesaid, the present criminal petition stands allowed by setting aside and quashing the MR Case No. 66/2023 under Section 107/145/146(1) of Cr.P.C. and all the consequential orders passed by the learned Additional District Magistrate, Hojai, Sankardev Nagar and also the notice dated 10.06.2023.

¶11While parting with the record, it is made clear that the observation made in this criminal petition shall not treated as any comment on merit on the claim either of the parties over the disputed land.

¶12This criminal petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010195632023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./935/2023o ISMAILoALIo S/OoLATEoJOHIRoALIo R/OoVILL-oPASCHIMoSAMARALIo P.O.oCHOUDHURYoBAZARo P.S.oMURAJHARo DIST.oHOJAI,oASSAMo PINoCODE-o782439 VERSUSo FAKHRULoISLAMoANDo2oORSo S/OoLT.oABDULoRASHIDo R/OoPACHIMoSAMARALI,o P.S.oMURAJHAR,o DIST.oHOJAI,oASSAM,o oPIN-782439 2:IBRAHIMoALI oS/OoISHADoALIo R/OoVILL-oMADHYAoSAMARALIo P.O.oCHOUDHURYoBAZARo P.S.oMURAJHAR oDIST.oHOJAI oASSAM o PIN-782439 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoPP oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY