Nitya Sunder Saikia vs The State Of Assam And Anr
2022 Latest Caselaw 825 Gua

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GAHC010044322022




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

                             Case No. : Crl.Pet./188/2022

          NITYA SUNDER SAIKIA
          S/O NANDESWAR SAIKIA, R/O BY LANE-3, POLY ROAD, PANIGAON, P.O.-
          ITACHALI, P.S.- NAGAON SADAR, DIST- NAGAON, ASSAM, PIN-782003

          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

          2:GAUTAM KUMAR BORAH
           S/O LATE RAJENDTRA NATH BORAH
           R/O POLY ROAD
           PANIGAON
           P.O.-ITACHALI
           P.S.-NAGAON SADAR
           DIST- NAGAON
          ASSAM
           PIN-78200

Advocate for the Petitioner : MR A SHARMA
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

08.03.2022

Heard Mr. A Sharma, learned counsel for the petitioner as well as Mr.B Sarma, learned Additional Public Prosecutor, Gauhati High Court appearing for the State/respondent No.1.

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By this petition under Section 482 Cr.P.C, the petitioner has prayed for setting aside the judgment and order dated 18.12.2021 passed by the learned Additional District and Sessions Judge No.2, Nagaon in Criminal Revision No. 25/2019.

As Mr. B Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent, a copy of the memo of appeal along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice to the respondent No.2 by registered A/D post.

Call for the scanned copy of case record.

List the matter after four weeks.

Mr. A. Sharma, learned counsel appearing for the petitioner while moving the instant petition has referred to the decision of the Hon'ble Supreme Court in V.K.Bhat Vs G. Ravi Kishore and another, reported in (2016) 13 SCC 243 and prays for stay of the impugned judgment and order dated 18.12.2021 passed by the learned Additional District and Sessions Judge No.2, Nagaon in Criminal Revision No. 25/2019.

Upon considering the averments made in the petition along with the documents annexed therewith, this court finds it expedient in the interest of justice to stay the operation of the impugned judgment and order dated 18.12.2021 passed by the learned Additional Sessions Judge No.2, Nagaon in Criminal Revision No. 25/2019 and accordingly it is ordered that till the next date fixed as above, further proceeding in the Page No.# 3/3

aforesaid case shall remain stayed.

JUDGE

Comparing Assistant