Abdul Kayum Barbhuiya vs The State Of Assam And Anr
2022 Latest Caselaw 3095 Gua

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GAHC010157002022




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

                              Case No: I.A.(Crl.)/439/2022


         ABDUL KAYUM BARBHUIYA
         S/O- SAHAB UDDIN BARBHUIYA
         VILL.- RAJNAGAR
         NISCHINTAPUR
         P.O. NISCHINTAPUR
         P.S. SILCHAR SADAR
         DIST. CACHAR
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         TO BE REPRESENTED BY THE PUBLIC PROSECUTOR
         ASSAM

         2:FARUK AHMED MAZUMDER
         S/O- LATE MOULANA MOIN UDDIN MAZUMDER
         VILL.- BORJURAI
          P.O. BOALIPAR BAZAR
          P.S. AND DIST. HAILAKANDI
         ASSAM
          PIN- 788155.
          ------------
         Advocate for : MR. A M BARBHUIYA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
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                                 BEFORE
                 HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                     ORDER

Date : 18.08.2022

Heard Mr. A.M. Barbhuiya, learned counsel for the applicant. Also heard Mr. Bhaskar Sarma, learned APP for the State.

By this application under section 389 Cr.P.C., the applicant has prayed for staying/suspending the operation of judgment and order dated 06.07.2022 passed by the learned Sessions Judge, Hailakandi, in Sessions (Child) Case No. 83/2019.

Issue notice returnable on 28.09.2022.

No formal steps is required to be taken in respect of respondent no.1, who is represented by the learned APP.

The appellant shall take steps within 2 days for service of notice on respondent no. 2 by registered post with A/D as well as by usual process though jurisdictional Magistrate in terms of Gauhati High Court Rules.

This application will be considered on receipt of the LCR.

List on 28.09.2022.

JUDGE

Comparing Assistant