DINA NATH RAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Date 15-11-2019 Heard Mr. PK Kakati, learned counsel for the petitioner and Mr. BB Gogoi, learned Addl. P.P.

(2.) The present petitioner, Dina Nath Ray has been arrayed as accused in Basistha PS Case No. 6422017 dated 24.07.2017 corresponding to G.R. Case No. 97162017 under Section 447 IPC read with Section 5 of Assam Land Grabbing (Prohibition) Act, 2010 and the case is at the stage of investigation.

(3.) The present petition has been preferred by one of the accused, named in the FIR, Dina Nath Ray, challenging that police has no power to register and investigate the case hence aforesaid case to liable to be quashed and set aside. In the petition, it has been contended that the petitioner along with one Rajen Sarma named in the FIR are the rightful owner of said land having proper documents like sale deed, patta, jamabandi etc. in their name which have been annexed and at the time of filing of the FIR, the petitioner was in possession of the land having all lawful documents, despite on the basis of cryptic allegation made in the FIR by the informant, namely, Jyoti Prakash Kakati, the I.O. has registered the case.