HARI SINGH BHOMRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral) - I have heard Mr. DC Mahanta, learned counsel for the petitioner and Mr. DR Saikia, learned Public Prosecutor appearing for the State of Assam.

(2.) The brief facts leading to filing of this petition may be stated as follows. The petitioner was owner of Bus No.ASW 6886 which was requisitioned on 4.6.85 by the Civil Authority of Golaghat. The said Bus was completely destroyed by fire set by some miscreants. The petitioner lodged a First Information Report with the Merapani Police Station, and pursuant to that Golaghat PS Case No.68/93 was registered. Petitioner then demanded Rs.3,92,000.00 from the Deputy Commissioner, Jorhat, the requisitioning authority, as compensation. Unable to get any relief, petitioner instituted Money Suit No.6 of 1988 in the Court of Assistant District Judge, Golaghat. The suit was decreed on 3.3.92 for a sum of Rs.3,60,578.70. The State Govt preferred an appeal being No.70 of 1992 in this Court. Mr. Mahanta, learned senior counsel for the petitioner submits at the Bar that this appeal has since been dismissed by this Court on 12.6.2000, petitioner proceeded with the execution of decree passed in Money Suit No.6 of 1988 and said execution case was registered as Money Execution Case No.11 of 1992 and in this case the cars belonging to the Deputy Commissioner, Golaghat were attached for sale in execution of the decree. The Deputy Commissioner lodged a First Information Report with Golaghat Police on 10.11.93. The full text of the First Information Report is reproduced below :

(3.) On receipt of the said FIR the police registered a case under section 193/203/420 Penal Code being Golaghat PS Case No. 389/93.