Citation : 2023 Latest Caselaw 4935 Gua
Judgement Date : 7 December, 2023
Page No.# 1/2
GAHC010258072023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Crl.A./446/2023
DOLEN DAS
S/O LATE JOGESH DAS
VILL.- KUSHLAIGURI
P.O.- PATILADAHA
P.S.- MANIKPUR
DIST.- BONGAIGON ASSAM
PIN- 783391.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE P.P.
ASSAM.
2:SAILEN SARKAR
S/O LATE NAREN SARKAR
VILL.- KUSHLAIGURI
P.O.- PATILADAHA
P.S.- MANIKPUR
PIN- 783391.
------------
Advocate for : MR. M U MAHMUD
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
Page No.# 2/2
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 07.12.2023 Heard Mr. M.U. Mahmud, learned counsel for the appellant and Ms. S Jahan, learned Additional Public Prosecutor for the respondent No.1.
By this appeal under Section 374(2) of the CrPC, the appellant has prayed for setting aside impugned Judgment and order dated 11.10.2023 passed by the learned Special Judge, Bongaigaon in Special (P) Case No. 7 (M)/2021.
Appeal is admitted.
Issue notice to the respondents.
As Ms. S Jahan, 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 petition 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 as well as through usual process within 7 days.
Furnish a soft copy of the order to the learned Addl.P.P.who in turn shall take steps for service of notice to the respondent No. 2 to be served through the Officer-In-charge of the concerned Police Station.
Call for the LCR.
List on 10.01.2024.
JUDGE
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