Gagan Gogoi vs The State Of Assam And Anr
2023 Latest Caselaw 1039 Gua

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GAHC010053992023




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

                                Case No. : Crl.Rev.P./109/2023

            GAGAN GOGOI
            S/O SRI NOMAL GOGOI
            R/O VILL- JULUK KATA (NABAPUR)
            P.O. MERAMUKH
            P.S. NARAYANPUR
            DIST. LAKHIMPUR, ASSAM
            PIN-784164



            VERSUS

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

            2:SRI KESHAB KONWAR
             S/O LATE BHADRESWAR KONWAR
            R/O VILL- JULUK KATA (NABAPUR)
            P.O. MERAMUKH
             P.S. NARAYANPUR
            DIST. LAKHIMPUR
            ASSAM
            PIN-78416

Advocate for the Petitioner   : MR. D BORAH

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

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Date : 16.03. 2023 Heard Mr. D. Borah, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent.

This is an application filed under Section 397 and 401 Cr.P.C. read with Section 482 Cr.P.C. against the impugned judgment dated 16.12.2022, passed by the learned Addl. Sessions Judge (F.T.C.), Lakimpur, North Lakhimpur in Crl. Appeal No. 18(2)/2019 (arising out of G.R. Case No. 2501/2014 registered under Sections 341/325 IPC) for setting aside and quashing the impugned judgment and for stay of the operation of the impugned order dated 30.03.2019, passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in G.R. Case No. 2501/2014.

Call for the scanned copy of the LCR.

Issue notice upon 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 by usual process, returnable within 4 weeks.

Steps be taken within 3 days.

No formal notice be served upon the State respondent No. 1 as Mr. P. Borthakur, learned Addl. PP has accepted notice and received copy of the petition on behalf of the State respondent.

List the matter after 4 weeks.

JUDGE

Comparing Assistant