Gauhati High Court
Oriental Insurance Company Ltd vs Smt Nilima Devi And 3 Ors on 30 October, 2024
Page No.# 1/3
GAHC010218932018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MACApp./494/2019
ORIENTAL INSURANCE COMPANY LTD
HAVING ITS GAUHATI REGIONAL OFFICE AT GUWAHATI ULUBARI,
KAMRUP M ASSAM, REPRESENTED BY ASSISTANT MANAGER, GAUHATI
REGIONAL OFFICE ULUBARI GUWAHATI 781007, KAMRUP M ASSAM
VERSUS
SMT NILIMA DEVI AND 3 ORS
W/O PRAHLAD SARMA, RESIDENT OF VILLAGE GANDHIYA, PS BELSOR,
DIST NALBARI, ASSAM, 781304
2:MISS MADHUSMITA DEVI
D/O PRAHLAD SARMA
RESIDENT OF VILLAGE GANDHIYA
PS BELSOR
DIST NALBARI
ASSAM
781304
TO BE REPRESENTED BY HER MOTHER RES. NO 1
3:SRI BIKI SARMA
S/O PRAHLAD SARMA
RESIDENT OF VILLAGE GANDHIYA
PS BELSOR
DIST NALBARI
ASSAM
781304
TO BE REPRESENTED BY HIS MOTHER RES. NO 1
4:SRI NABIN CH.BAISHYA
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S/O LATE RAMESWAR BAISHYA.
R/O VILLAGE HAJO GANESHTOLA.PS HAJO
DIST KAMRUP ASSAM
781102 DRIVER
5:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DEPARTMENT OF HOME
ASSA
Advocate for the Petitioner : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA
Advocate for the Respondent : MR P NAYAK (R1-3), MR. B GOGOI (R1-3),MS. N BORDOLOI
(R1-3),MR. K K DUTTA (R1-3),MR. D SAIKIA (R1-3)
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
30.10.2024 Heard Ms. R.D. Mozumdar, learned counsel for the appellant and also heard Mr. K.K. Dutta, learned counsel for the respondent Nos.1--3 and Mr. T.R. Gogoi, learned counsel for the newly impleaded respondent No.5.
Pursuant to the direction of this Court dated 22.10.2024, Mr. Gogoi has obtained necessary instruction and place the same before this Court and perusal of the same indicates that Hajo P.S. Case No.289/2007 corresponding to G.R. Case No.368/2007 was charge-sheeted vide Charge-Sheet No.177/2009, dated 30.11.2009, under Section 279/337/338/304(A) IPC and subsequently, the case was disposed of by the learned Trial Court vide judgment and order dated 17.08.2012 and the accused was acquitted.
In view of the issue being raised in this appeal, perusal of the aforementioned record of G.R. Case No.368/2007 is found to be necessary and accordingly, it is provided that Registry shall call for the record of G.R. Case No.368/2007, which has already been Page No.# 3/3 disposed of by the learned Judicial Magistrate First Class, Hajo, vide judgment and order dated 17.08.2012.
List the matter on 03.12.2024.
The documents placed before this Court by Mr. Gogoi, shall part of the record.
Sd/- Robin Phukan JUDGE Comparing Assistant