Binoda Dutta vs Thengalbari Estates Pvt Ltd And ...
2022 Latest Caselaw 420 Gua

                                                                                 Page No.# 1/2

GAHC010020722022




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

                                 Case No. : Crl.Pet./81/2022

            BINODA DUTTA
            W/O LATE BABUL DUTTA
            PERMANENT RESIDENT OF MOKSARI VILLAGE, TEOKGHAT, P.O. AND P.S.
            SONARI
            DIST. CHARAIDEO, ASSAM



            VERSUS

            THENGALBARI ESTATES PVT LTD AND ANR
            REP. BY MANAGER, TENGABARI TEA ESTATE, TEOKGHAT, P.S. SONARI,
            DIST. CHARAIDEO, ASSAM

            2:THE STATE OF ASSAM
             REP. BY THE PP
            ASSA

Advocate for the Petitioner   : MR. S DASGUPTA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : --08.02.2022

This application under Section 482 Cr.P.C. is preferred by Smt. Binoda Dutta, wife of Babul Duta challenging the order dated 29.09.2021 passed by the learned Sub Divisional Page No.# 2/2

Judicial Magistrate, Charaideo, Sonari in C.R. Case No. 18 of 2012.

It is to be mentioned here that vide impugned order the learned Court below has issued non-bailable warrant of arrest against the petitioner for failing to comply with the judgment and order dated 25.03.2014.

Heard Mr. I.A. Talukdar, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Addl. P.P. for the State of Assam.

Let Notice be issued returnable in 4 (four) weeks.

Since Ms. S. Jahan, learned Addl. P.P. appears on behalf of State respondent No. 2 no formal notice is required to be issued. Extra copy of the petition be furnished to Ms. Jahan, during the course of the day. Step be taken by registered post with A/D and also by usual process within a week from today and in the meantime, learned Addl. P.P. shall obtain necessary instructions from the OC, Sonari P.S. Considering the submission of learned Advocates of both sides and further balancing the interest of the petitioner and of the respondent, it is provided that till returnable date execution of warrant of arrest, issued against the petitioner, stands stayed.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant