Lakhi Dowarah vs The State Of Assam And Anr
2022 Latest Caselaw 2725 Gua

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GAHC010149362022




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

                             Case No. : Crl.Rev.P./394/2022

           LAKHI DOWARAH
           S/O SRI NAGEN DOWARAH
           R/O MORAN PATHALIBAM DOWARAH GAON,
           P.S. MORAN DIST. DIBRUGARH, ASSAM, PIN-785675



           VERSUS

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

           2:SRI SUJIT DUTTA
            SON OF SRI SUBRATA DUTTA
           R/O JALAN NAGAR COLONY
           P.O. JALAN NAGAR
            P.S. DIBRUGARH

           DIST. DIBRUGARH
           ASSAM

           PIN-78600

Advocate for the Petitioner : MR. D GOGOI
Advocate for the Respondent : PP, ASSAM


                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

03.08.2022 Heard Shri D. Gogoi, learned counsel for the petitioner, who by means of this Page No.# 2/2

petition filed under Section 401 of the CrPC has put to challenge a judgment dated 29.06.2022 passed by the learned Additional Sessions Judge (FTC), Dibrugarh in Criminal Appeal No. 19(4)/2021 and judgment dated 13.09.2021 passed by the

learned Judicial Magistrate, 1st Class, Dibrugarh in CR Case No. 98c/2014.

The proceeding was initiated under Section 406 IPC which resulted in conviction of the petitioner and the said judgment dated 13.09.2021 was unsuccessfully appealed by the petitioner before the learned Additional Sessions Judge (FTC), Dibrugarh.

The learned counsel for the petitioner submits that there are no ingredients of Section 406 of the IPC and there is a deed of hypothecation.

Admit.

Call for the records.

Shri KK Parasar, learned Additional Public Prosecutor, Assam accepts notice on behalf of the respondent no. 1.

Steps for service of notice upon the respondent no. 2 be taken by registered post with A/D. Steps within two days.

List this case after 6(six) weeks.

JUDGE

Comparing Assistant