MOINAL ISLAM CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE inherent power of the court is prayed to be exercised by the accused-petitioner praying for setting aside the impugned judgment and order passed by the learned Sessions Judge, Karimganj in Crl. Revn. No. 35 (3)/2008 which was analogously heard along with Crl. Rev. No. 37 (3)/2008 filed by the informant/respondent No. 2, whereby and whereunder the order of discharge of the accused from the offence of Section 384 IPC passed by the learned C. J. M. , Karimganj in G. R. Case No. 899/2007 vide order dated 2. 7. 2008, was set aside.

(2.) I have heard Mr. A. M. Majumdar, learned Senior Advocate assisted by Mr. M. Nath for the accused/petitioner and Mr. S. K. Medhi, learned counsel appearing for the respondent/informant Mr. K. Munir, learned P. P. appears on behalf of respondent No. 1, State of Assam.

(3.) AN information under Section 154 Cr. P. C. having been lodged with O. C. Karimganj Police Station, by the informant/respondent against the petitioner alleging commission of certain offences, police registered Karimganj Police Station Case No. 426/2007 under Sections 354/506/384 IPC. Upon registration of the FIR, the law of investigation was set into motion.