Rita Brahma vs The State Of Assam And Anr
2023 Latest Caselaw 273 Gua

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GAHC010013982023




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

                                 Case No. : Crl.Rev.P./22/2023

            RITA BRAHMA
            W/O SRI RATNESWAR SWARGIARY
            PRESENTLY RESIDING AT VILL- DUALKUCHI, P.O. DUALKUCHI
            P.S. TAMULPUR
            DIST. BAKSA (BTAD), ASSAM



            VERSUS

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

            2:SRI BIKRAMJIT BASUMATARY
             S/O HARESWAR BASUMATARY
            R/O VILL- RAMBUKPARA
            P.O. EELA
            P.S. DUDHNOI
            DIST. GOALPARA
            ASSAM
            PIN-78312

Advocate for the Petitioner   : MR. B P SINHA

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                    ORDER

Date : 24.01.2023

Heard Mr. B.P.Sinha, learned counsel for the petitioner. Also heard Mr.K.K.Parasar, learned counsel appears for respondent No.2.

This is an application filed under Section 401 read with Section 397/482 of the Code of Criminal Procedure 1973.

As the learned Addl. PP has already appeared on behalf of the respondent No.1, no formal notice need to be issued. However, a copy of the petition be furnished to the learned counsel appearing on behalf of the respondent No.2 in course of the day.

Issue notice to the private respondent No.2 through Registered post with A/D card as well as through usual process, returnable within 4(four) weeks.

Till the returnable date, the execution of the impugned judgment and order dated 07.11.2022, passed by the learned Addl. Sessions Judge, FTC No.3, Kamrup(M) passed in Criminal Appeal No. 71/2018 and the impugned Judgment and order dated 06.04.2018 passed by learned Judicial Magistrate

First Class, Kamrup(M) Guwahati in CR Case No.943c/2015 be stayed.

Considering the submissions of learned counsels of both sides, it is provided that the LCR be called for fixing after 4(four) weeks.

List accordingly.

JUDGE Page No.# 3/3

Comparing Assistant