Latika Das vs Brajen Kalita And 2 Ors
2023 Latest Caselaw 304 Gua

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GAHC010014302023




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

                          Case No. : Crl.Rev.P./26/2023

         LATIKA DAS
         D/O LATE PURNA CH. DAS,
         R/O SENMELA LAKHRA,
         P.S.- GORCHUK,
         DIST.- KAMRUP (M), ASSAM.



         VERSUS

         BRAJEN KALITA AND 2 ORS.
         S/O LT. SUREN KALITA,
         R/O BEHARBARI, BORSAJAI, KALIMANDIR PATH, GUWAHATI- 781029,
         P.S.- BASISTHA,
         DIST.- KAMRUP (M), ASSAM.

         2:PALLABI CHOUDHURY DAS
         W/O LT. ANANTA DAS

         R/O SENMELA
         BETKUCHI

         P.O.- SAWKUCHI

         MOUZA- BELTOLA

         P.S.- GORCHUK
          GUWAHATI- 781034

         DIST.- KAMRUP (M)
         ASSAM.

         3:THE STATE OF ASSAM
          REP. BY P.P.
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             ASSAM

Advocate for the Petitioner   : K U AHMED

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : --25.01.2023.

Heard Mr. K.U. Ahmed, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam/respondent No.3.

This is an application under Section 397 Cr.P.C. for staying of the execution of the impugned judgment and order dated 19.12.2022 in Criminal Appeal No. 212/2019 whereby the prayer of the appellant/accused for setting aside and quashing the judgment and order dated 01.11.2019 passed in CR Case No. 907C/15 was rejected.

Issue notice to respondent No. 1 and 2 by registered post with A/D as well as by other usual process returnable within four (4) weeks. No formal notice is required to be served upon the respondent No. 3, as the learned APP has already appeared on behalf of the respondent No. 3. However, extra copy of memo of appeal be furnished to learned APP during the course of the day.

In the mean time, further execution of the impugned judgment and order dated 19.12.2022 in Criminal Appeal No. 212/2019 and judgment and order dated 01.11.2019 passed in CR Case No. 907c/15, be stayed. List the matter after four (4) weeks on a date to be fixed by the Registry.

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JUDGE Nabanita.

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JUDGE

Comparing Assistant