Pinku Ali vs The State Of Assam And Anr
2022 Latest Caselaw 3770 Gua

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GAHC010166752022




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

                                  Case No. : Crl.A./230/2022

            PINKU ALI
            S/O JAFOR ALI ALIAS RATUL,
            VILL.- JENGONIKOTIA CHARI ALI,
            P.O. AND P.S.- SIVASAGAR,
            DIST.- SIVASAGAR, ASSAM, PIN- 785640.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE P.P., ASSAM

            2:SYED MUBINUR ROHMAN
             S/O SYED ATAUR RAHMAN

            PRESENTLY RESIDING AT JENGONIKOTIA CHARI ALI
            NEAR SBI ATM
            P.O. AND P.S.- SIVASAGAR

            DIST.- SIVASAGAR
            ASSAM
            PIN- 785640. PERMANENT ADDRESS BORTOL TINIALI NAZIRA
            P.O. AND P.S.- NAZIRA
            DIST.- SIVASAGAR
            PIN- 785685
            ASSAM

Advocate for the Petitioner   : MR. P D NAIR

Advocate for the Respondent :
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                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                        ORDER

Date : 23.09.2022

Heard Mr. G Alam, learned counsel for the appellant and Ms. SH Borah, learned Additional Public Prosecutor for the respondent No.1. By this criminal appeal filed under Section 378(4) of the CrPC, the appellant has prayed for setting aside and quashing of the Judgment and order dated 16.06.2022 passed by the learned CJM, Sivasagar in NI Case No.29/2020 whereby the respondent No. 2 has been acquitted u/s 138 of the NI Act.

The criminal appeal is admitted.

Call for the LCR.

Issue notice to the respondents.

As Ms. SH Borah, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1, no notice need be issued. However, a copy of the memo of appeal along with the documents annexed there with be furnished to the learned Additional Public Prosecutor during the course of the day. Appellant to take steps for service of notice on respondent No.2 by registered post with A/D within 5 days.

List after receipt of the LCR.

JUDGE

Comparing Assistant