ABDUL MANNAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Barman, learned counsel for the petitioner and Mr. P. Sarma, learned APP for the respondent no.1. None has appeared for the respondent no.2-7, though notice on respondent nos.2-7 have been served as indicated in order dtd. 1/4/2021.

(2.) This is an application under Sec. 397 read with Sec. 401 Cr.P.C. assailing the order dtd. 28/5/2019 passed in PR Case No.1436/2015 by the learned Additional Chief Judicial Magistrate, Nagaon whereby the proceeding was stopped under Sec. 258 Cr.P.C. and all the accused persons were discharged.

(3.) The facts leading to filing of the instant revision petition are as follows: the petitioner had lodged a complaint against the respondent nos.2-6 before the Officer-In-Charge, Juria P.S. on 11/1/2015 alleging that on 11/1/2015, at about 3 A.M., the accused persons along with a group of anti social elements armed with deadly weapons entered into his plot of land and tried to occupy the same forcefully and dismantled his house and thereafter, constructed a new house over the said plot. Pursuant to the above complaint, an FIR No.25/2015 under Sec. 143/447/427 IPC was registered by the Officer-in-Charge of the Juria P.S. on 15/1/2015. On completion of the investigation, Final Report No.17/15 was submitted by the investigating authority of the Juria P.S. on 31/1/2015 stating that the dispute is of civil nature. Final Report filed by the police however was not accepted by the Court of learned Additional Chief Judicial Magistrate, Nagaon and the learned Additional Chief Judicial Magistrate by order dtd. 15/7/2015, while rejecting the Final Report, passed an order to the effect that prima facie case have been made out against the accused named in the FIR under Sec. 143/447/427 IPC and accordingly, cognizance was taken and PR Case No. 1436/2015 was registered. Pursuant thereto, the complainant appears to have been examined on 18/2/2017. Thereafter, the learned Additional Chief Judicial Magistrate passed the impugned order dtd. 28/5/2019 under Sec. 258 Cr.P.C., discharging the accused persons. The impugned order is reproduced herein below for ready reference: