Champak Dutta vs The State Of Assam And Anr
2023 Latest Caselaw 30 Gua

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GAHC010270422022




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

                                Case No. : Crl.Pet./1350/2022

            CHAMPAK DUTTA
            S/O MANIK CHANDRA DUTTA,
            R/O KATHALGURI TEA ESTATE,
            P.S.- MARIANI, IN THE DIST. OF JORHAT, ASSAM.



            VERSUS

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

            2:SWETA DUTTA
             D/O SANGITA DUTTA

            R/O JAIL ROAD

            P.O. AND P.S.- JORHAT
             IN THE DIST. OF JORHAT
            ASSAM

Advocate for the Petitioner   : MS. G BORAH

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 02.01.2023

There is no representation on behalf of the petitioner today on call.

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Mr. B. Sharma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam has submitted that the instant criminal petition under Section 482, CrPC is not maintainable as it is purportedly directed against the judgment and order dated 16.11.2022 passed in Criminal Petition no. 754/2021. The petition, Criminal Petition no. 754/2021 was preferred under Section 482, CrPC.

The maintainability of the instant criminal petition is to be examined in the light of the law laid down in Ram Kishan Fauji vs. State of Haryana and others , reported in [2017] 5 SCC 533.

Since there is no representation on behalf of the petitioner today on call, let the case, for ends of justice, be listed on 06.01.2023 to consider the issue of maintainability.

JUDGE

Comparing Assistant