Saijuddin Ahmed vs The State Of Assam And Anr
2023 Latest Caselaw 1021 Gua

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GAHC010054332023




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

                                Case No. : Crl.Rev.P./107/2023

            SAIJUDDIN AHMED
            S/O LATE OMAR ALI
            VILL- SATRAKANARA 6 NO. SEAT, P.O. SATRAKANARA BAZAR,
            P.S. BAGHBAR, DIST. BARPETA, ASSAM, PIN-781308



            VERSUS

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

            2:NURJAHAN KHATUN
             D/O NURUL ISLAM
            VILL- NO. 1 CHACHRA
             PO.O. MANDIA
            P.S. BAGHBAR
             DIST. BARPETA
            ASSA

Advocate for the Petitioner   : MR J ISLAM

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

Date : 15.03.2023

Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1.

This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973, praying for setting aside and quashing the impugned judgment and order, dated 07.01.2023, passed by the learned Principal Judge, Family Court, Barpeta, in F.C.(Crl) Case No. 305/2021, under Section 125 Cr.P.C.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition along with relevant annexures appended thereto during the course of the day, if not already furnished.

The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

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Also call for the scanned copy of the record from the learned Court below.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant