(1.) THE hearing arises from an application under section 482 Cr. PC filed by the petitioner praying for quashing the proceeding being G. R. Case No. 6/94 arising out of Tufanganj PS Case No. 8/94 dated 13. 01. 94 under section 399/402 IPC/25 (1)/27/35 Arms Act, pending in the Court of learned SDJM, Tufanganj.
(2.) THE circumstances leading to the above application are that on 13. 01. 94 at about 16. 25 hrs. Inspector Y. Singh of BSF lodged a complaint before OC, tufanganj PS inter alia alleging that six FIR named accused persons, reported to be members of ULFA, assembled in the house of one Samsuddin Bapari of champta for committing dacoity. The complainant being armed with service pistol along with force raided the house of said Samsuddin on 12. 01. 94 at about 22. 50 hrs. when there was a scuffle between the police and the accused persons, for which one of the accused viz. Mainul Haque Ahmed received bullet injuries on his stomach. The police arrested the accused persons and seized some currency notes and incriminating documents. In course of investigation the police arrested the petitioner on 27. 01. 94 on suspicion and after completion of investigation submitted chargesheet against the accused persons including the petitioner.
(3.) BEING aggrieved by continuation of the said proceeding, the petitioner has come up before this Court contending that there is no material showing his involvement with the alleged offence.