Page No.# 1/3 vs The State Of Assam And Anr
2021 Latest Caselaw 3541 Gua

                                                            Page No.# 1/3

GAHC010215872021




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

                           Case No. : Crl.Rev.P./293/2021

         ABU BAKKAR SIDDIQUE PRODHANI AND 4 ORS
         S/O LATE MOHAMMAD ALI PRODHANI
         R/O VILL- LAKHIMARI PART-III,
         P.O. LAKHIMARI, P.S. GOLOKGANJ
         DIST. DHUBRI, ASSAM

         2: NURUL ISLAM PRODHANI @ NUR ISLAM PRODHANI
          S/O LATE MOHAMMAD ALI PRODHANI
         R/O VILL- LAKHIMARI PART-III

         P.O. LAKHIMARI
          P.S. GOLOKGANJ
         DIST. DHUBRI
         ASSAM

         3: NOZRUL ISLAM PRODHANI

          S/O LATE MOHAMMAD ALI PRODHANI

         R/O VILL- LAKHIMARI PART-III

         P.O. LAKHIMARI
          P.S. GOLOKGANJ
         DIST. DHUBRI
         ASSAM

         4: ABDUL MANNAN

         S/O MOMOTA KHATUN
         R/O VILL- LAKHIMARI PART-III

         P.O. LAKHIMARI
          P.S. GOLOKGANJ
         DIST. DHUBRI
                                                                           Page No.# 2/3

             ASSAM

            5: ABDUL MONIM PRODHANI @ ABDUL MOMIN PRODHANI
             S/O NURUL ISLAM PR0DHANI
            R/O VILL- LAKHIMARI PART-III

            P.O. LAKHIMARI
             P.S. GOLOKGANJ
            DIST. DHUBRI
            ASSA

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:ABDUL SALAM PRODHANI
             S/O LATE KHOBIR ALI PRODHANI
            VILLAGE-LAKHMARI PART-III
            P.O. LAKHIMARI
             P.S. GOLOKGANJ
             DISTRICT-DHUBRI
            ASSAM PIN-78333

Advocate for the Petitioner   : MR. D A KAIYUM

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

20.12.2021 By this application filed under Sections 397/401 CrPC, read with Section 482 CrPC, the petitioner has challenged the judgment and order dated 18.11.2021, passed by the learned Sessions Judge, Dhubri in Criminal Revision No. 35/2020, whereby the said revision was allowed by setting aside the order dated 04.12.2020, passed by the Executive Magistrate, Dhubri, in the Misc Case No. 13/2020, under Sections 107/145 of the CrPC.

Considered the submissions so made by the learned counsel for both the parties and Page No.# 3/3

perused the documents annexed.

Let a notice be issued to the respondent No. 2, by registered post with A/D as well as by usual process, returnable by 6 (six) weeks. As the respondent No. 1/State is a formal party, hence, no formal notice needs to be issued.

Furnish extra copies of the petition to respondent No. 1. Call for the LCR from both the forums.

Prayer for interim shall be considered on the next date. Till the returnable date, status quo as on today shall be maintained.

JUDGE

Comparing Assistant