S. K. PRAMANIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Z Ahmed, learned Senior counsel assisted by Mr. A M Dutta, learned counsel for the petitioners. Also heard Mr. R J Baruah, learned Additional Public Prosecutor, Assam appearing for the respondent No. 1 State.

(2.) The respondent No. 2, on 26.06.2014 filed a complaint before the learned Chief Judicial Magistrate, Cachar, Silchar against the petitioners, who are the employees of the Power Grid Corporation of India alleging that they had committed offences under Sections 379/34 IPC stating that while installing electrical lines for the said corporation, the accused persons uprooted/cut down 7/8 types of valuable fruit bearing trees from his land without paying any compensation to him, for which he claimed Rs.-3,50,000/- as compensation and as such, prayed before the Magistrate to direct the Jirighat Police Station to register a case against them and to investigate the matter through the said authority.

(3.) The said compliant of the respondent No. 2 was registered as C.R. Case No. 424/2014 and the learned CJM, Cachar, Silchar forwarded the same to the Officer-in-Charge of Jirighat Police Station to register a police case and to submit the report, pursuant to which Jirighat Police Station Case No. 27/2014 corresponding to G.R. Case No. 5556/2014 was registered against the petitioners under Sections 379/34 IPC. Police after making due investigation of the matter submitted the Final Report vide F.R. No. 11/2014 dated 07.12.2014 in said Jirighat P.S. Case No. 27/2014.