Chandan Deka vs The State Of Assam And Anr
2023 Latest Caselaw 2416 Gua

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GAHC010123542023




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

                                 Case No. : Crl.Pet./539/2023

            CHANDAN DEKA
            S/O- LATE UTTAM CHANDRA DEKA,
            RESIDENT OF HOUSE NO. 14, AMRIT NAGAR,
            P.O.- BELTOLA, P.S.- BASISTHA,
            GUWAHATI- 781029,
            DIST.- KAMRUP(M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PUBLIC PROSECUTOR, ASSAM.

            2:AMIR ALI
             SON OF LATE KAZI BODIAT ZAMAL

            R/O- VILLAGE- ARIARJHAR PART-II

            P.O. AND P.S.- CHAPAR

            DIST.- DHUBRI
            ASSAM

Advocate for the Petitioner   : MR. M K SHARMA

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                      HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 07.06.2023 Heard Mr. M.K. Sarma, learned counsel for the petitioner and Mr. KK Parasar, learned Addl. Public Prosecutor for the State respondent No. 1.

This is an application under Section 378 Cr.P.C., filed by the petitioner against the judgment and order dated 11.04.2023, passed by the learned Sub- Divisional Judicial Magistrate (M), Bilasipara in C.R. Case No. 105/2021 whereby the cross examination of the PWs has been expunged and order dated 03.05.2023 passed by the learned SDJM, (M), Bilasipara, in the said complaint case whereby the warrant of arrest has been issued against the petitioner.

Issue notice to the respondent No. 2.

The petitioner shall take steps for service of notice upon the respondent No. 2 by registered post with A/D as well as usual process, returnable within 4 week.

Steps be taken within 7 days.

Call for the scanned copy of the LCR.

List the matter after 4 weeks.

JUDGE

Comparing Assistant