RAJIB LUTHANI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. Deuri, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State and Md. B. Islam, learned counsel for the respondent No. 2.

(2.) The petitioners have filed an application under Sec. 528 of BNSS, seeking quashing of the impugned order dtd. 21/5/2025 passed by the learned CJM, Kamrup (M), in connection with Misc. Case No. 31M/2015 (arising out of Complaint case No. 3388c/2008). Petitioners were convicted and sentenced to SI for one month u/s 447 of the IPC and SI for 6 months u/s 427 of the IPC and directed to pay Rs.5,000.00 compensation to the complainant u/s 357(3) of the CrPC and were also directed to restore possession of the complainant within one month u/s 456(1) of the CrPC.

(3.) The facts in a nutshell are that on 23/6/2008, the complainant/respondent No. 2 had filed a complaint case vide Complaint Case No. 3388c/2008, before the court of learned CJM, Kamrup(M) at Guwahati against the present petitioners inter alia alleging that on 6/4/2008, when the respondent No. 2 came out from her house for marketing, the petitioners had set her hotel on fire which was located near the National Highway at Lokhra, Guwahati. The Respondent No. 2 had further stated that she had also filed a case vide No. 190/2008 under Sec. 107 of CrPC before the Executive Magistrate, Guwahati and vide order dtd. 11/6/2008, the learned Executive Magistrate directed the petitioners to appear and execute a bond of Rs.1000.00 for a period of one year to maintain public peace and tranquility.