Biren Sarma vs The State Of Assam And 2 Ors
2022 Latest Caselaw 1705 Gua

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GAHC010084912022




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

                          Case No. : Crl.Rev.P./198/2022

         BIREN SARMA
         S/O LT. JAYDEV SARMA, R/O RANGIA TOWN, P.O. AND P.S.-RANGIA, DIST-
         KAMRUP, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 2 ORS
         REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

         2:NRIPEN CHANDRA BANIA
          S/O LT. PRASANNA BANIA
          EMPLOYEE OF NF RAILWAY
          RANGIA RAILWAY DIVISION
          RANGIA
          UNDER SS POINTSMEN R/O RANGIA RAILWAY QUARTER NO- 1039 F
          NEW COLONY
          RANGIA
          P.O. AND P.S.-RANGIA
          DIST-KAMRUP(M)
         ASSAM
          PIN-781354

         3:SMTI MINA BANIA
         W/O SRI NRIPEN CHANDRA BANIA
          R/O RANGIA RAILWAY QUARTER NO- 1039 F
          NEW COLONY
          RANGIA
          P.O. AND P.S.-RANGIA
          DIST-KAMRUP(M)
         ASSAM
          PIN-78135
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Advocate for the Petitioner   : MR. S SAHU

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 20.05.2022

Judgment and order dated 17.02.2022, passed in criminal appeal No. 07/2019 by the learned Additional District and Session Judge, Rangia, Kamrup is put to challenge here in this criminal revision petition, under Section 397 read with Section 401 Cr.P.C. It is to be noted here that vide impugned judgment and order, the learned Additional District and Session Judge, Rangia, Kamrup has set aside the judgment and order passed by the learned SDJM (m), Rangia, Kamrup passed in CR Case No. 05/NI/2016. Perused the petition and the grounds taken therein and the documents placed on record.

Heard Ms. M. A. Tansu, learned counsel for the petitioner and also heard Mr. D. Das, learned Additional PP for the State respondent no.1.

Let notice be issued returnable in 4(four) weeks. Steps to be taken by registered post with A/D as well as by usual process.

Since, Mr. Das, learned Additional PP had entered appearance on behalf of the State respondent no.1, no formal notice is required to be issued. However, requisite extra copy of the petition be furnished to Mr. Das during the course of the day.

Call for the scanned copy of the record from the learned Court below.

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List the matter after 4(four) weeks.

JUDGE

Comparing Assistant