GAUHATI HIGH COURT ISSUES ORDER ON HASBI MEHAZABUR RAHMAN AND ANR V/S MUSTAFA SYED MAHMOOD MUKTADIR

GUWAHATI, India, Sept. 5 -- Gauhati High Court issued the following order on Aug. 5:

1. Heard Mr. M.H. Saikia, learned counsel for the petitioners and Mr. G.Z. Ahmed, learned counsel appearing for the respondent/complainant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State.

2. The instant application has been filed by the petitioners, namely, 1. Hasbi Mehazabur Rahman and 2. Rana Ahmed under Section 528 of BNSS, 2023, seeking quashing of the Complaint Case No. 39/2025, pending before the learned Court of Judicial Magistrate First Class, Kamrup(M).

3. The facts giving rise to the instant proceeding may be narrated in a nutshell: the complainant i.e. Mustafa Syed Mahmood Muktadir. The respondent herein entered into an agreement with the petitioner/accused no.1 i.e. Hasbi Mehazabur Rahman vide deed of agreement dated 22.05.2018 bearing deed no.6428/2018 for construction of a multistoried building over the land of the complainant measuring 4 Katha 9 Lechas covered by Dag No.337, Patta No.1957 located in Beltola area in the district of Kamrup(M), Guwahati and described in the Schedule-A of the said deed of agreement.

4. Pursuant of such agreement, on the very same day i.e. 22.05.2018, the complainant and the present petitioner no.1 executed a general power of attorney, authorizing in law the petitioner no.1, Hasbi Mehazabur Rahman, to take all steps to execute the project of construction of multistoried building over the Schedule land. As per these two documents, Hasbi Mehazabur Rahman stated to be proprietor of "Frontier Infratech" undertaking this kind of business.

5. It is the grievance of the complainant that subsequently vide deed of partnership dated 04.04.2020 and behind the back of the complainant and without informing him; brought in two more persons into the sole proprietorship, thereby converting it into a partnership of these two new persons who were Rana Ahmed and Motiur Rahman, and it was stated that the partnership business will now be carried on under the name and style of "Frontier Infratech".

6. In para 11 of the said partnership deal, it was mentioned that the first partner Motiur Rahman would have a share of 49.75 % of the profit; the second partner Rana Ahmed would also have 49.75 % of the profit and the third partner being the present no.1 i.e. Hasbi Mehazabur Rahman will have a share of 0.5% of the total profit.

7. On coming to know about the said development, the complainant issued a legal notice dated 23.03.2022 to the petitioner no.1 through his learned counsel regulating his grievances and pointing out that the change in the legal position entered into between the parties was changed by the petitioner no.1 by keeping the complainant in the term. Thereafter, the complainant choose to revoke the executed deed of revocation of the general power of attorney which was executed on 22.05.2018. The deed of revocation of the general power of attorney was dated 10.06.2022. The petitioner no.1 aggrieved by the same filed a title suit being TS No.649/2022 challenging the said revocation of the power of attorney by the complainant and in the said suit, he also sought compensation amounting to Rs.3 Crore.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xxFOR6u9BxJN9XdMGIknAb0JJ6YlsaEGuQT%2B9BYGORz0&caseno=Crl.Pet./592/2025&cCode=1&cino=GAHC010107922025&state_code=6&appFlag=)

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