TAPAN PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Khanikar, learned counsel for the petitioner and Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent State.

(2.) The petitioners Tapan Phukan, Mintu Borah and Sri Rajib Saikia have filed this application under Sec. 482 of the Code of Criminal Procedure, 1973 (CrPC for short) challenging the order dtd. 28/3/2023 passed by the Sub-Divisional Judicial Magistrate (S) Lakhimpur, North Lakhimpur [SDJM(S) for short] in G.R. Case No. 399/2010 under Ss. 120/121(A) of Indian Penal Code, 1860 (IPC for short) read with Sec. 10/13 of the Unlawful Activities (Prevention) Act, 1967 [U.A.(P) Act for short] arising out of North Lakhimpur Police Station Case No. 190/2010.

(3.) The FIR unfolds that on the night of 6/4/2010, the Officer-In-Charge of North Lakhimpur Police Station along with the police personnel including CRPF personnel were on patrolling duty on the establishment day of ULFA. In the intervening night at about 2 AM midnight, one ULFA member was arrested while he was trying to hoist four ULFA flags. As the outfit is a banned outfit, the flags were seized from the arrested person and the arrested person, Sri Mintu Borah, petitioner No. 2 admitted that the other petitioners were also present at the time they attempted to hoist the flags. The other petitioners managed to escape.