Praneswar Kalita vs The State Of Assam And Anr

Citation : 2024 Latest Caselaw 4818 Gua
Judgement Date : 15 July, 2024

Gauhati High Court

Praneswar Kalita vs The State Of Assam And Anr on 15 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                            Page No.# 1/2

GAHC010131872024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./252/2024

            PRANESWAR KALITA
            S/O LATE KRISHNA KALITA, R/O VILL- BARSIMALA, P.S.-SARTHEBARI,
            DIST- BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:KAMDEV ROY
             S/O LATE MANIKANTA PATHAK
             R/O BARSIMALA
             KALABHANGA
             P.O. AND P.S.- SARTHEBARI
             DIST- BARPETA
            ASSAM
             PIN-78130

Advocate for the Petitioner   : MR. A R SIKDAR

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 15.07.2024 Heard Mr.A.R.Sikdar, learned counsel for the petitioner. Also heard Mr. D.P.Goswami, Page No.# 2/2 learned Addl. Public Prosecutor for the State/respondent No.1.

By filing this criminal revision petition under Sections 401/482 of the CrPC read with Section 11(4) of the Probation of Offenders Act, read with Article 227 of the Constitution of India, the petitioner has challenged the Judgment and Order dated 30.04.2024 passed by the learned Additional Sessions Judge, Barpeta in Sessions Case No.101/2021 (arising out of Sarthebari PS Case No.196/2021).

Issue notice to the respondents, returnable within 04(four) weeks..

As Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1, no formal notice need be issued. However, a copy of the petition along with the documents annexed there with be furnished to the learned Additional Public Prosecutor during the course of the day.

Petitioner to take steps for service of notice on respondent No.2 by registered post with A/D as well as through Usual Process. Steps within 7 days.

Call for trial court records pertaining to Sessions Case No.101/2021 (arising out of Sarthebari PS Case No.196/2021).

Considering the submission of the learned counsel for the parties, the operation of the impugned order dated 30.04.2024 shall remain stayed till disposal of the revision petition. List after 04(four) weeks.

JUDGE Comparing Assistant