Rahimuddin vs The State Of Assam And 4 Ors
2021 Latest Caselaw 1397 Gua

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GAHC010068302021




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

                       Case No. : Crl.Rev.P./124/2021

         RAHIMUDDIN
         S/O ABDUL GAFUR ISLAM, R/O VILL- AMINPARA, P.S.-UDALGURI, DIST-
         UDALGURI, ASSAM, PIN-784509



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT
         OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE SUPERINTENDENT OF POLICE
          SIVASAGAR
          DIST- SIVASAGAR
         ASSAM

         3:THE OFFICER IN-CHARGE
          NAZIRA MODEL PS
          DIST- SIVASAGAR
         ASSAM

         4:JAYANTA RAJKHOWA
          PRESIDENT
         TAI AHOM YUVA PARISHAD
          C/O SOMESWAR RAJKHOWA
          NAZIRA
          LAKHIMI ALI
          P.O. AND P.S.-NAZIRA
          DIST- SIVASAGAR
         ASSAM
          PIN-784509

         5:SHRI KRISHNA GOVARDHANDHARI GAUSHALA
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             NAZIRA
             REPRESENTED BY SANJAY KUMAR AGARWALLA
             P.O. AND P.S.-NAZIRA
             DIST- SIVASAGAR
             PIN-78450

Advocate for the Petitioner    : MR. M U MAHMUD

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 09-04-2021

This is an application under Sections 397/399/401 of the Code of Criminal Procedure, 1973 read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the orders dated 9.10.2020 passed by the learned Sub-Divisional Judicial Magistrate (M), Nazira, Sivasagar in Nazira Model P.S. Case No.424/2020 and judgment dated 23.2.2021 passed by learned Sessions Judge, in Criminal Revision No.4(4)2020.

Heard Ms. A. Roy, learned counsel for the petitioner.

Ms. S. Jahan, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of Respondent Nos.1, 2 and 3.

Hence, no formal notice need be issued upon Respondent Nos.1, 2 and 3.

Issue notice upon Respondent Nos. 4 and 5 under registered post with A/D as well as by usual process.

Steps within three days.

List this matter on 22.04.2021 along with Crl. Petition No.167 of 2021.

JUDGE

Comparing Assistant