Kanan Malakar vs The State Of Assam And Anr
2023 Latest Caselaw 2956 Gua

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GAHC010169932023




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

                               Case No. : Crl.A./289/2023

           KANAN MALAKAR
           W/O SRI KANCHAN KUMAR MALAKAR,
           RESIDENT OF VILLAGE HORILAL BASTI, PO AND PS DIPHU, DIST KARBI
           ANGLONG, ASSAM, 782460


           VERSUS

           THE STATE OF ASSAM AND ANR
           REPRESENTED BY PP ASSAM

           2:SMTI SHILA MALAKAR
           W/O SHRI KARUNA MALAKAR

           D/O LATE GOPI DAS
           PRESENTLY RESIDING AT PANBARI BORA MILL
           PO AND PS DIPHU
           DIST KARBI ANGLONG ASSAM 78246

Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

07.08.2023

Heard Mr. S. S. S. Rahman, learned counsel for the appellant as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent No. 1.

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By this application under Section 374(2) of the Cr.P.C., the applicant has prayed for setting aside the judgment and order dated 26.07.2023 passed in Sessions Case No. 65/2021 arising out of Diphu PS Case No. 93/2019 passed by the learned Assistant Sessions Judge, Karbi Anglong, Diphu.

The appeal is admitted.

As Mr. B. Sarma, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, 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 within three days.

Call for the case record.

List the matter on receipt of the case record.

JUDGE

Comparing Assistant