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2026 DAILYLAW 13278 (GAU)

SUBHAM MAZUMDARA v. THE STATE OF ASSAM AND 2 ORS.

Crl.Pet./1315/2024 · 2026-08-27

Rajesh Mazumdar

body2026

Judgment text

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Page No.# 1/3 GAHC010227952024 2026:GAU-AS:12506 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1315/2024 SUBHAM MAZUMDARA S/O SRI MILAN MAZUMDAR R/O PUBALI NAGAR, TITABAR CHARIALI, TITABAR, DIST.JORHAT, ASSAM, PIN-785630. VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PP, ASSAM 2:SRI KAJOL BHOWMIK S/O LATE KHITISH BHOWMIK R/O PUBALI NAGAR TITABAR DIST. JORHAT ASSAM-785630 3:NANTU DEB S/O LATE ANIL DEB R/O KHARIKOTIA SILIKHA GAON P.S. TITABAR DIST. JORHAT ASSA Advocate for the Petitioner : MR M CHOUDHURY, MR P J DAS,MS. J HAZARIKA Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 28.08 . 2026 Heard Mr. P.J. Das, learned counsel appearing for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam. 2. The learned counsel for the petitioner has submitted that the appellate powers exercised by the learned Court of Sessions by interfering with the order dated 30.07.2024 passed by the learned Executive Magistrate in Case No. 874/2024, was wholly uncalled for since the order dated 30.07.2024 was an interlocutory order and the interference by the learned Court of Sessions was without any notice to the petitioners herein or counsel for the petitioner/respondents in the revision petition. 3. The learned counsel for the petitioner has submitted that, in view of such violation of the settled position of law, this criminal petition has been initiated. 4. The learned counsel for the petitioner has, however, fairly conceded that now, at this belated stage, when both the parties are also contemplating to settle their disputes amicably, an adjudication on merits of this criminal petition may not be called for. 5. Accordingly, the learned counsel for the petitioner has submitted that this criminal petition may be closed, granting the liberty to both the parties to approach such forum of law or mediation, as the case may be, for settlement of their disputes, if any. Page No.# 3/3 6. Since the learned counsel for the petitioner has submitted that both the contesting parties are now living on the same land in dispute amicably and they are running their individual shops in the disputed land without any dispute and differences amicably, the proceedings before the learned Additional Sessions Judge, in Criminal Revision No. 21/2024 may also be closed. 7. Accordingly, this criminal petition is closed, leaving the parties the liberty to approach such a forum of law or for mediation as they may decide. 8. The petitioner shall be at liberty to move such appropriate application before the learned Addl. Sessions Judge, Jorhat, along with the copy of this order passed today, praying for closure of the aforesaid revision petition before the learned Addl. Sessions Judge, Jorhat. JUDGE Comparing Assistant