KUNDAL SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Biswas, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate appearing for the respondents. The scanned copies of the trial court records, as called for, have been received. The learned counsel for the petitioner prayed for taking up the matter for disposal and the learned counsel appearing for the State respondents also urged for disposal of the matter. The matter was heard on 16/10/2025 and final submissions on behalf of the State and the response on behalf of the petitioner were made today.

(2.) This petition under Article 226 of the Constitution of India has been preferred by the writ petitioner praying for quashing of the FIR dtd. 30/8/2024, which was lodged by the respondent No.7 in this writ petition, on the ground that this is a second FIR lodged against the petitioner on the same set of facts and raising the same allegations against him as had been done by the First Information Report lodged by the same informant on 9/8/2024 regarding the same incident.

(3.) The petitioner contends that, as a plaintiff, he had initiated a Title Suit in the Court of the learned Civil Judge (Junior Division) No.2, Sonitpur, Tezpur, which was registered as Title Suit No. 84 of 2017, praying for a decree of right title and interest over a plot of land, for partition and further for cancellation of the illegal Sale Deed which was executed with regard to the land in issue. The suit was filed by naming one Shri. Mahindra Baruah, who is since deceased and who was the father of the respondent No.7 in this petition, one Shri. Hiranya Borah and finally Shri. Pankaj Saikia who is the brother of the petitioner as defendants.