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Judgment
H. S. Thangkhiew, J
Heard Mr. P.T. Sangma, learned counsel for the petitioner.
Also heard Mr. H.L. Shangreiso, learned Senior counsel assisted by Ms. A. Kharshiing, learned counsel who has entered appearance on behalf of the sole respondent and fairly submits that the order impugned herein, has been passed without jurisdiction and further submits that he has no objection if the same is quashed and set aside.
On perusal of the order dated 04.07.2022 passed by the Assistant Judge, District Council Court, GHADC, Tura, it appears that the Court lacked jurisdiction in passing the order for attachment and for directions that custody be with the Police.
In this view of the submissions of the learned Senior counsel for the sole respondent, the impugned order is quashed and set aside. Accordingly, the Misc. Appeal No. 2 of 2019 is to proceed before the concerned Court in accordance with law. However, as it is informed that the Court of the Assistant Judge, District Council Court, GHADC, Tura is not functioning, it is expected that the matter be taken up by a competent Court i.e. Additional Judge, District Council Court, GHADC, Tura.
The instant matter stands closed and is accordingly disposed of.
