Nirmal Kalita vs The State Of Assam And Anr
2022 Latest Caselaw 1820 Gua

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GAHC010090292022




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

                                Case No. : Crl.Rev.P./239/2022

            NIRMAL KALITA
            S/O LATE HARAKANTA KALITA
            R/O SALBARI NO. 1, PACHATIRTHA PATH, HOUSE NO. 60, P.O. AND P.S.
            NOONMATI,
            GUWAHATI-781020, DIST. KAMRUP (M), ASSAM.



            VERSUS

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

            2:CHAMPA KALITA
            W/O SRI NORMAL KALITA
            R/O SALBARI NO. 1

            PACHATIRTHA PATH
             HOUSE NO. 60
             P.O. AND P.S. NOONMATI

            GUWAHATI-781020
            DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. A K JAIN

Advocate for the Respondent : PP, ASSAM
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                          BEFORE
             HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

26.05.2022

Legality, propriety and correctness of the judgment and order dated 15.03.2022, passed by the learned Special Judge, POCSO, Kamrup(M), in Sessions Case No. 102/2021, is challenged in this revision petition under Sections 397/401 of the Code of Criminal Procedure, 1973.

Heard Mr. A. K. Jain, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

Also, perused the petition and the documents placed on record.

Let notice be issued, returnable in 4 (four) weeks.

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

Steps for causing service of notice upon respondent No. 2 be taken by registered post with A/D as well as by usual process.

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

List the matter after 4 (four) weeks.

Interim prayer will be considered after perusing the record of learned Court below.

JUDGE

Comparing Assistant