Jay Prakash Yadav vs Muslim Khan
2021 Latest Caselaw 117 Gua

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GAHC010000172021




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

                                      Case No. : Crl.Rev.P./2/2021

              JAY PRAKASH YADAV
              S/O INDAR YADAV, R/O INTUC COMPLEX, K C SEN ROAD, NEAR TRIVENI
              LODGE, P.S.-PALTAN BAZAR

              VERSUS

              MUSLIM KHAN
              S/O LT. ISRAJUL KHAN, R/O K.C. SEN ROAD, NEAR PARCEL GATE, P.S.-
              PALTAN BAZAR


Advocate for the Petitioner : MR. S P ROY
Advocate for the Respondent :


                                                BEFORE
                   HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                             :: O R D E R ::

12-01-2021

By way of this application under Section 401 Cr.P.C. read with Section 482 Cr.P.C., the petitioner has

challenged the impugned judgment and order passed in Case No.101 m/2020 on 02.11.2020 in the court of Executive Magistrate and ACP(Reserve), in Non-FIR case No.14/2020 under Section 107 Cr.P.C.

Referring to the documents annexed, the learned counsel for the petitioner has submitted that the impugned order has been passed without following the procedure pertaining to the provision of Section 107 Cr.P.C. and without giving an opportunity to file show cause etc. Considered the submission of the learned counsel for the petitioner and perused the documents annexed.

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Call for the LCR.

Issue notice to respondent No.1 by registered post with A/D and usual process, returnable by 6 weeks.

Considering all entirety of the matter, it is further directed that till receipt of the record and service of notice upon the respondent, execution of the aforesaid order shall remain stayed.

JUDGE

Comparing Assistant