Sanjib Dey vs The State Of Assam And Anr
2022 Latest Caselaw 4944 Gua

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GAHC010247192022




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

                                 Case No. : Crl.Rev.P./579/2022

            SANJIB DEY
            S/O-Sri Swapan Dey, R/O-Kachari Bagan T.E, P.S and P.O- Rangapara, Dist-Sonitpur
            ,Assam



            VERSUS

            THE STATE OF ASSAM AND ANR.
            Represented by P.P, Assam

            2:2. Md. Kamal Uddin Ahmed
             Inspector of Food and Civil Supplies
            Sonitpur
            Tezpur
             Dist-Sonitpur (Assam)
            Pin-78400

Advocate for the Petitioner   : MR. R BARUAH

Advocate for the Respondent :
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                            BEFORE
             HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                     ORDER

14.12.2022

Heard Mr. R. Baruah, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, for the State respondent No. 1.

This is an application under Section 401 read with Section 379 of the Code of Criminal Procedure, 1973, for setting aside and quashing the impugned judgment & order dated 14.11.2018, passed by the learned Chief Judicial Magistrate, Tezpur, in CR Case No. 350/2012, as well as the impugned judgment and order dated 22.03.2022, passed by the learned Additional Sessions Judge, Sonitpur, Tezpur, in Criminal Appeal No. 42(S-4) of 2018.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be furnished with requisite extra-copy of the petition during the course of the day.

The learned counsel for the petitioner shall take steps for service of notice Page No.# 3/3

upon private respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Also, call for the records of CR Case No. 350/2012 and Criminal Appeal No. 42(S-4) of 2018 from the learned Courts below.

Considering the submissions of learned counsels for both sides and also considering the materials available on record, operation of the impugned judgment & order, dated 14.11.2018, passed by the learned Chief Judicial Magistrate, Tezpur, in CR Case No. 350/2012, and the impugned judgment & order dated 22.03.2022, passed by the learned Additional Sessions Judge, Sonitpur, Tezpur, in Criminal Appeal No. 42(S-4) of 2018, shall remain stayed/suspended till returnable date.

List the matter after the Bihu vacation.

JUDGE

Comparing Assistant