Prafulla Chandra Bhuyan vs The State Of Assam And Anr
2021 Latest Caselaw 1301 Gua

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GAHC010041462021




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

                                    Case No. : Crl.Rev.P./74/2021

             PRAFULLA CHANDRA BHUYAN
             S/O LATE MAYARAM BHUYAN, R/O NO. 2 MADGHARIA, GUWAHATI-20,
             P.S.-NOONMATI, DIST-KAMRUP(M), ASSAM

             VERSUS

             THE STATE OF ASSAM AND ANR
             (NOTICE THROUGH THE PUBLIC PROSECUTOR, ASSAM)

             2:BIMAL SEN DEKA
              S/O SRI PRAFULLA SEN DEKA
              R/O SANTIPATH
              R.G. BARUAH ROAD
              GUWAHATI-24
              DIST-KAMRUP(M), ASSAM

Advocate for the Petitioner : MR. C S RAY
Advocate for the Respondent : PP, ASSAM
                                        BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                                ORDER

01-04-2021

Mr. C.S. Ray, learned counsel represents the petitioner. Mr. N.K. Kalita, learned Additional Public Prosecutor represents the respondent No. 1 . Mr. A. Das, learned counsel represents the respondent No. 2.

The learned counsel for the petitioner has referred to the order, dated 04-03-2021, passed in the connected I.A. (Crl.) No. 143/2021 and has submitted that the said order has been complied with.

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Mr. Ray, learned counsel for the petitioner has further submitted that although there is no instance before this Court to conclusively hold that the petitioner has paid the amount, yet relying on the statement made by the learned counsel for the petitioner that the petitioner has deposited the amount, the I.A. (Crl.) No. 143/2021 stands closed. Accordingly, the execution of the judgment and order, dated 27-05-2019, passed by the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, in Complaint Case No. 860/2013 and the judgment and order, dated 11-03-2020, passed by the learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati, in Criminal Appeal No. 102/2019, is stayed till disposal of this case.

The revision petition is admitted for hearing. LCR has been received.

List this matter, for hearing, in the last week of May, 2021.

JUDGE

Comparing Assistant