Pratima Das vs The State Of Assam And Anr
2021 Latest Caselaw 1219 Gua

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GAHC010053362021




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

                                   Case No. : Crl.L.P./5/2021

            PRATIMA DAS
            W/O- LATE MOHAN DAS, R/O- VILL.- BOR NASATRA, P.O., P.S. AND DIST.-
            MORIGAON, ASSAM, PIN- 782105.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR, ASSAM

            2:RIDIP DEKA
             S/O- SRI PRABHAT CH. DEKA
             R/O- VILL.- PACHATIA
            WARD NO. 2
             P.O.
             P.S. AND DIST.- MORIGAON
            ASSAM
             PIN- 782105

Advocate for the Petitioner   : MR. P D NAIR

Advocate for the Respondent : PP, ASSAM

                                   BEFORE
                  HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                           ORDER

26-03-2021

Mr. G. Alam, learned counsel represents the petitioner. Mr. H. Sarma, learned Additional Public Prosecutor represents the respondent No. 1 .

This is an application under Section 378(4) of the Cr.P.C. seeking leave of this Court to prefer Page No.# 2/2

the connected criminal appeal against the judgment and order, dated 17-03-2020, passed by the learned Sessions Judge, Morigaon, in Criminal Appeal No. 36/2016, allowing the appeal by setting aside the judgment and order, dated 26-09-2016, passed in C.R. Case No. 1939/2012, by the learned Additional Chief Judicial Magistrate, Morigaon. Issue notice.

No formal notice need be issued on the State respondent since Mr. Sarma, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

The petitioner shall take steps for service of notice on respondent No. 2 by registered post with A/D Card as well as through the Officer-in-Charge of jurisdictional Police Station within seven days from today.

List the matter in the first week of May, 2021 after service of notice is complete.

JUDGE

Comparing Assistant