Hare Krishna Das vs The State Of Assam And Anr
2022 Latest Caselaw 2931 Gua

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GAHC010134632022




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

                                  Case No. : Crl.L.P./47/2022

            HARE KRISHNA DAS
            S/O- LATE RAMO DAS, R/O- PASCHIM BORAGAON, P.S. GARCHUK,
            GUWAHATI-25, DIST. KAMRUP(M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM

            2:GUNAMONI BHUYAN
             S/O- PAKHINDRA BHUYAN
             R/O- SUKRESWARGHAT
             GUWAHATI-01
             P.S. PANBAZAR
             DIST. KAMRUP(M)
            ASSA

Advocate for the Petitioner   : MR. N B P SINGHA

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            HARE KRISHNA DAS



             VERSUS
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            THE STATE OF ASSAM AND ANR (F)



            ------------
            Advocate for : MR. N B P SINGHA
            Advocate for : appearing for THE STATE OF ASSAM AND ANR (F)




                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                   ORDER

11.08.2022

Heard Mr. N.B.P. Singha, learned counsel for the petitioner and Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State of Assam. This application under Section 378[4] Code of Criminal Procedure [Cr.P.C.] 1973 has been preferred seeking special leave to appeal against a judgment and order dated 30.04.2022 passed by the Court of learned Judicial Magistrate First Class, Kamrup [Metro] in GR Case no. 2973/2015 whereby the respondent no. 2 has been acquitted from the charge under Section 406 of Indian Penal Code [IPC].

Issue notice, returnable in 4 [four] weeks.

As Mr. Borthakur, learned Additional Public Prosecutor has appeared and accepted notices on behalf of the respondent State of Assam, no formal notices need to be issued to the respondent. Mr. Singha shall furnish requisite numbers of extra copies of the writ petition along with the annexures, to Mr. Borthakur within 3 [three] working days from today.

The petitioner shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within a period of 3 [three] working days from today.

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List the case after 4 [four] weeks.

JUDGE

Comparing Assistant