Sudip Paitya vs The State Of Assam And Anr
2023 Latest Caselaw 3438 Gua

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GAHC010187242023




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

                                Case No. : Crl.Rev.P./352/2023

            SUDIP PAITYA
            S/O LATE SUDANSHU SEKAR PAITYA
            R/O LINK ROAD, P.O. LINK ROAD,
            P.S. SILCHAR, DIST. CACHAR

            VERSUS

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

            2:NAZRUL ISLAM MAZUMDER
             S/O LATE AFTAB UDDIN MAZUMDER
            R/O OLD LAKHIPUR ROAD
             P.O. MADHURBOND
            P.S. SILCHAR

            DIST. CACHAR
            ASSAM
            PIN-78800

Advocate for the Petitioner   : MR. K MIRA

Advocate for the Respondent : PP, ASSAM


                                     BEFORE
                    HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

Date : 29.08.2023

Heard Mr. K Mira, learned counsel for the petitioner.

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This is an application under section 401 read with section 397 Cr.P.C for setting aside the impugned judgment dated 23.06.2023 passed by the learned Additional Sessions Judge, Cachar Silchar in Criminal Appeal No.01/2020.

Issue notice returnable by 6 (six) weeks. Mr. P Borthakur, learned Addl. PP accepts notice on behalf of respondent No.1, so no formal notice is required to be issued, however extra copy of the petition be served upon the learned Addl. PP during the course of the day.

Steps upon the respondent No.2 to be taken by way of Registered Post with A.D as well as through usual process within 7 (seven) days.

Perused the materials available on record including the complaint petition.

Considering the matter in its entirety it is provided that till the returnable date the operation of the impugned judgment dated 23.06.2023 passed by the learned Additional Sessions Judge (FTC), Cachar, Silchar in Criminal Appeal No.01/2020 shall remain stayed subject to deposit of 20% of the compensation amount before this registry of this court within a period of 6 (six) weeks.

JUDGE

Comparing Assistant