Mrinal Kanti Roy vs The State Of Assam And Anr
2022 Latest Caselaw 3160 Gua

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GAHC010163122022




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

                                 Case No. : Crl.Pet./817/2022

            MRINAL KANTI ROY
            S/O LATE NALINI MOHAN ROY
            R/O BROJENDRA ROAD, WARD NO. 08, KARIMGANJ UNDER KARIMGANJ
            POLICE STATION IN THE DISTRICT KARIMGANJ, ASSAM, PIN-788710

            VERSUS

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

            2:SRI NANI BHUSAN DEB
             S/O LATE GOPESH CHANDRA DEB
            R/O SARADA PALLY (MALIPARA)
            WARD NO. 3
             KARIMGANJ
            UNDER KARIMGANJ POLICE STATION IN THE DISTRICT OF KARIMGANJ
            ASSAM PIN-788712

Advocate for the Petitioner   : MR. B M CHOUDHURY

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 23.08.2022

Heard learned counsel for both sides.

Issue notice.

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Call for a scanned copy of the case record.

Registry to issue requisition.

No formal notice is required to be sent to respondent No. 1 as Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam has accepted notice on behalf of the said respondent. Extra copy of the petition and the Annexures thereto be furnished to him.

The petitioner shall take steps for service of notice on the respondent No. 2 by registered post with A/D as well as by usual process.

List this matter after 3 (three) weeks.

In the meantime, in view of the averments made in the petition along with the documents annexed thereto and relying on the principles laid down in the Judgments passed by the Hon'ble Supreme Court in the cases of PK Choudhury -vs- Commander, 48 BRTF (GREF) (2008) 13 SCC 229, D.Devaraja -vs- Owais Sabeer Hussain (2020) 7 SCC 695, State of Haryana & Ors -vs- Bhajan Lal & Ors, 1992 Suppl (1) SCC 335 and in Sh.BS Thind -vs- State of HP and anr, it is provided that till the returnable date, further proceeding vide order dated 02.07.2022 passed by the learned CJM, Karimganj in CR Case No.620/2017 shall remain stayed.

JUDGE

Comparing Assistant