Guwahati Court March 1971 Judgments
Golap Chand Sahu Vs. Jugal Prasad Sahu
Court: Guwahati
Decided on: Mar-23-1971
P.K. Goswami, C.J.1. This rule was obtained for quashing a final order of the Magistrate, First Class, Judicial, Dibrugarh under Lakhimpur District, passed by him on 26th July, 1968 at the conclusion of a proceeding Under Section 145, Criminal Procedure Code.2. The petitioner, who is the first party, filed an application Under Section 145, Criminal Procedure Code, on 13th May, 1967 alleging that he was in exclusive possession of the disputed land and that three days earlier the second party along with his ploughmen wanted to forcibly plough the same, which caused a breach of the peace. The second party resisted the claim and, after consideration of the entire evidence, the learned Magistrate declared that the second party was entitled to possession of the land until evicted in due course of law.3. Mr. P. Choudhuri, the learned Counsel for the petitioner, raised a question of jurisdiction of the learned Magistrate and he submits that the entire proceeding is void ab initio as the learn...
Tag this Judgment!Sarat Nath Vs. Digendra Nath and ors.
Court: Guwahati
Decided on: Mar-11-1971
K.V. Rathnam, Addl. J.C.1. The Addl. Sessions Judge Tripura. by his order dated 15th December. 1970 made this reference under Section 438 Cr. P.C. recommending for setting aside the final order dated 7-2-68 passed by the Magistrate. 1st Class. Dharmanagar in Misc. Case No. 38 of 1967. a proceeding under Section 145 Cr. P.C. in the following circumstances : On 28-5-67 one Shri Sarat Nath. 1st party. gave a report to the Officer-in-Charee. Dharmanagar Police Station that he is in possession of the lands of an extent of 31/2 Kanis in Jote Nos 127 and 139 in mouza Rajnagar and that Disendra Nath and his five other associates. 2nd party respondents herein are claiming possession of the same and that there is an apprehension of breach of peace as they are attempting to take forcible possession of the said land. After making necessary enquiries the Of-ficer-in-charge, Dharmanagar Police Station has sent up a report to the Magistrate 1st Class Dharmanagar stating that there is an apprehension...
Tag this Judgment!Jamuna BIn Vs. Ramani Mohan Barman
Court: Guwahati
Decided on: Mar-09-1971
K.V. Rathnam, Addl. J.C.1. This criminal revision petition is directed against the order of the Addl. Sessions Judge Tripura D/- 10-11-70 confirming the order Dt. 25-11-68 passed by the Magistrate. 2nd class. Aeartala refusing to stay the proceedings in Cr. Case No. 550 of 67, under Section 344 Cr. P.C.2. On a complaint filed on 19-7-67 by one Shri Ramani Mohan Barman, the respondent herein. Shri Jamuna Bin the revision petitioner and 5 others are prosecuted for offences under Sections 447 and 379 I. P.C. in that on 17-7-67 they have trespassed into the land in the possession of the respondent and committed theft of paddy crop. The said case was taken on file as CR. 550 of 67 for an offence Under Section 379 IPC. In respect of the very land from which the accused are alleged to have committed theft of paddy crop, there were proceedings under Section 145 Cr. P.C. (misc. case 35 of 65) between the respondent herein and Jamuna Bin the revision petitioner, and in those proceedings on 4-1...
Tag this Judgment!R.K. Dolansana Singh and ors. Vs. R.K. Narjitsana Singh and ors.
Court: Guwahati
Decided on: Mar-06-1971
R.S. Bindra, J.C.1. In this revision petition filed by R.K. Dolansana and five others Under Section 439 read with Section 561-A of the Criminal Procedure Code, the validity of the orders dated 8-1-1970 and 22-8-1970 respectively passed by the Sub-divisional' Magistrate, Thoubal, and by the Additional Sessions Judge. Manipur, is assailed.2. For proper appreciation of the legal points involved in the revision petition the facts leading up to it may be briefly set out. Respondents nos. 1 and 2, Narjitsana Singh and Manisana Singh, moved' an application on 1-12-1969 before the Sub-divisional Magistrate. Thoubal, for drawing up a proceeding Under Section 107 Cr.PC against the present petitioners Nos. 1 to 4 as disputes had arisen between the two parties over the crops harvested from certain lands belonging to deity Gopinath. The Magistrate forwarded that application to the Officer in Charge- of the Police Station. Thoubal, for enquiry and report. The Police submitted their report to the Ma...
Tag this Judgment!State Vs. Shri Hanjabam Harideva Sarma
Court: Guwahati
Decided on: Mar-03-1971
R.S. Bindra, J.C.1. After the Special Judge. Manipur, Shri O. Thambal Singh, had taken cognizance of the case Under Sections 161 and 163 of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act, 1947, hereinafter called the Act, against H. Harideva Sarma, Satistical Officer, Government of Manipur, he directed, by his order dated 21st February, 1970, passed at the instance of the accused, that the Deputy Superintendent of Police or some other competent Police Officer should reinvestigate the case 'from the initial stage of investigation', and that until 'the submission of the charge-sheet or final report' the case shall be kept pending on his file. The State having felt aggrieved with the said directions of the Special Judge has come up in revision to this Court.2. To appreciate the legal point in controversy between the parties the facts leading to the prosecution of Harideva Sarma may briefly be set out. At 10-15 a.m. on 2-1-1969 one Ph. Mulachandra Singh of And...
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