Crl.Pet. 32/2007. Gauhati High Court

Case NumberCrl.Pet. 32/2007
Judgement DateJuly 13, 2019
CourtGauhati High Court

Crl. Pet. No. 32 of 2007

BEFORE

HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK

13.07.2017

Heard Ms. Sumitra Sharma, learned counsel for the petitioner and Mr. TK Mishra, learned Additional Public Prosecutor, Assam appearing for the State.

Though notice was served on the complainant/ opposite party No.2, he did not enter appearance in the matter.

During the lifetime of the petitioner, he as a plaintiff filed a Title Suit for ejectment of the complainant/ opposite party No. 2 before the Court of learned Munsiff No. 1, Dibrugarh, being Title Suit No. 97/ 2006, which was decreed ex-parte on 28.09.2006 and though summons was served on the said defendant/ opposite party No. 2. He did not contest the said suit. The opposite party No. 2 on

26.10.2006, filed an application under Order-I X, Rule-13 CPC before the learned Munsiff No. 2, Dibrugarh stating that he came to know about the said judgment regarding the ejectment suit and the learned Munsiff after hearing the parties, by order dated 26.10.2006 stayed the execution of decree passed in Title Suit No. 97/ 2006.

The opposite party No. 2, as complainant, on 27.11.2006 filed a criminal complaint before the Chief Judicial Magistrate, Dibrugarh alleging offences against the petitioner and another under Sections 463/ 465/ 468/ 199/ 200/ 34 I PC and prayed before the said Magistrate, to forward the said complaint to the Officer-in-Charge of Dibrugarh Police Station to register a case and to do proper investigation and, thereafter, to submit report in Final Form against the accused persons.

Learned Chief Judicial Magistrate, Dibrugarh by his order dated 27.11.2016 itself, directed the Officer-in-Charge of Dibrugarh Police Station to register a case and investigate the matter and to submit report in Final Form, if warranted. On receipt of the said criminal complaint, it was registered as Dibrugarh Police Station Case No. 636/ 2006 under Sections 465/ 468/ 199/ 200/ 34 I PC (corresponding to GR

Crl. Ptn. No. 32 of 2007 Page 1 of 3

No. 2122/ 2006). Later, the I nvestigating Officer of said Dibrugarh Police Station Case No. 636/ 2006 on 16.12.2006, submitted his report in Final Form stating that a civil suit is pending before the Civil Judge, Junior Division. No.1, at Dibrugarh between the parties and the allegation of the complainant/ opposite party No.2 is civil in nature and, therefore, submitted that the Hon’ble Court may decide the case accordingly.

However, the learned CJM, Dibrugarh by his order dated...

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