MD. SAHNUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under sections 482, 401, read with section 397 of the Code of Criminal Procedure, 1973, for short, the Code, the petitioners pray for setting aside and quashing the impugned order dated 30.07.2013 passed by the learned Additional Sessions Judge, Kamrup, Rangia, in Sessions Case No. 38(K)/2002 whereby the learned Court rejected the petition filed by the petitioners under section 311 of the Code.

(2.) I have heard Mr. R.D. Lal, learned counsel for the petitioners and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(3.) From the petition filed by the petitioners, it appears that one Samsul Ali lodged an ejahar stating that on 29.08.1997 at about 9:30 a.m., Md. Sahnur Ali, Faznur Ali, Majnur Ali, Chand Mohammad and some others, by forming an unlawful assembly, attacked Md. Islam Ali, Nilima Bibi, Karim Ali, Ranu Begum, Khabiruddin and some others and inflicted bodily injuries to them, as a result of which Karim Ali succumbed to his injuries. Accordingly, Rangia P.S. Case No. 232/1997 under sections 147/148/149/448/326/302 I.P.C. was registered. Charge-sheet was submitted by police and on being committed, Sessions Case No. 38(K)/2002 was registered in the Court of Sessions Judge, Kamrup and case is presently pending in the Court of the Additional Sessions Judge, Rangia.