ALI HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioners. Also heard Mr. Z. Kamar, learned Public Prosecutor, Assam for the opposite party No. 1. This application under Section 482 Cr.P.C. is directed against the order dated 23.4.2012 and other orders passed on various dates by the learned Judicial Magistrate, 1st Class, Bijni whereby NBWA was issued against the petitioners in connection with GR Case No. 319/2011 corresponding to Bijni P.S. Case No. 182/2011. The next date of the case is fixed on 12.3.2014.

(2.) The aforesaid police case was registered on the basis of an Ejahar lodged by one Nur Mohammad Sk before the Officer-In-Charge, Bijni Police Station against 5 persons including the present two petitioners on 2.7.2011 alleging, inter alia, that about a year back, the petitioner No. 1 sold a cow to him, at a price of Rs. 3,500/-, which, later on, transpired, that did not belong to him but in fact, belonged to his elder brother, Md. Matlib Ali. The cow, in terms of a public decision, was returned to said Md. Matlib Ali and he had requested accused petitioner No. 1 to return the purchase value to the informant. On 1.7.2013, while a similar request was made for return of the money, the petitioner No. 1 assaulted the informant and took away Rs. 10,000/- form his pocket. It is also stated that there was some further attempt by the accused person to assault him and his daughter and son-in-law were also assaulted as a result of which they had to be admitted to Bijni Bhetagaon 30 bedded Hospital.

(3.) After completion of investigation, charge-sheet was submitted on 31.7.2011 under section 141/448/323/420/34 IPC. In the charge-sheet against column No. 2, it was mentioned that the present petitioners could not be arrested because they were evading arrest and a prayer was made for issuance of NBWA.