Pradip Suklabaidya vs Sudhin Deb And 2 Ors
2022 Latest Caselaw 3074 Gua

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GAHC010157782022




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

                                Case No. : Crl.Rev.P./416/2022

            PRADIP SUKLABAIDYA
            S/O LATE PRAFULLA SUKLABAIDYA,
            OCCUPATION- CULTIVATOR,
            R/O VILL- NAGACHERRA, P.S. KATLICHERRA,
            DIST. HAILAKANDI, ASSAM, PIN- 788151



            VERSUS

            SUDHIN DEB AND 2 ORS.
            S/O LATE SUNAMONI DEB
            R/O VILL- DARIAGHAT, P.S. KATLICHERRA
            DIST. HAILAKANDI, ASSAM
            PIN-788151

            2:SANJOY DEB
             S/O SUDHIN DEB
            R/O VILL- DARIAGHAT
             P.S. KATLICHERRA
            DIST. HAILAKANDI
            ASSAM
            PIN-788151

            3:MRINAL KANTI DEB @ MADHU DEB
             R/O VILL- DARIAGHAT
             P.S. KATLICHERRA
            DIST. HAILAKANDI
            ASSAM
            PIN-78815

Advocate for the Petitioner   : MS B DEVI

Advocate for the Respondent :
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                                BEFORE
                   HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

18.08.2022

Heard Ms. B. Devi, learned counsel for the petitioner.

This application, under Section 397 read with Section 401 of the Cr.P.C. is preferred by Shri Pradip Suklabaidya challenging the legality, propriety and correctness of the judgment and order dated 07.06.2022, passed by the learned Sessions Judge, Hailakandi, in Criminal Revision No. 02/2022. It is to be noted herein that vide impugned judgment and order dated 07.06.2022, the learned Court below has set aside the order dated 06.12.2021 passed by the learned Additional District Magistrate, Hailakandi in Case No.411M/2021 under Section 145 & 146(1) of Cr.P.C.

Perused the petition and the grounds mentioned therein.

Admit.

Issue notice returnable in 4 (four) weeks.

Steps be taken by registered post with AD as well as by usual process within a week from today.

Call for the original records from the learned Court below and till returnable date, the operation of the impugned judgment and order dated 07.06.2022, passed by the learned Sessions Judge, Hailakandi, in Criminal Revision No. 02/2022 stands stayed.

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List the matter after four weeks.

JUDGE

Comparing Assistant