Citation : 2021 Latest Caselaw 1361 Gua
Judgement Date : 7 April, 2021
Page No.# 1/2
GAHC010065662021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./251/2021
SHYAM KUMAR SARMA
S/O LATE BALA KRISHNA SARMA, VILL AND P.O.-HEKRA, P.S.-BOKO, DIST-
KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:PRADIP KUMAR RABHA (ASI)
S/O LATE RANJIT CH. RABHA
VILL-BAKHRAKHUTI
P.S.-DUDHNOI
DIST-GOALPARA
ASSA
Advocate for the Petitioner : MR. MD S HOQUE
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
07.04.2021
Heard Mr. S. Hoque, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1.
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By this petition under Section 482 read with Section 401/397 Cr.P.C. and Article 227 of the Constitution of India, the petitioner has prayed for setting aside and quashing the impugned Judgment dated 24.03.2021, passed in Criminal Revision No. 2(1)/2021 by the learned Addl. District & Sessions Judge, North Salmara, Abhayapuri and Order dated 23.02.2021, passed by the learned S.D.J.M. (M), North Salmara, Abhayapuri in connection with Abhayapuri P.S. Case No. 97/2021 (NGR 162/2011) u/s 420/468 of the IPC.
Issue notice to the respondent No. 2. Steps be taken by registered A/D post within 3 (three) days.
As Mr. B.B. Gogoi, learned Additional Public Prosecutor has accepted notice on behalf of the State respondent No. 1 no fresh notice needs be issued. However, a copy of the petition along with the documents annexed thereto be furnished to him during the course of the day.
Call for a report from the I.O. asking whether the seized truck bearing Registration No. UP-53ET-2052 is required or not in connection with Abhayapuri P.S. Case No. 97/2021 (NGR 162/2011) u/s 420/468 of the IPC.
List on 07.05.2021.
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