Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 1907 Gua

                                                          Page No.# 1/3

GAHC010091002023




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

                           Case No. : Crl.Pet./438/2023

         ABDUL MONNAF ALI PORAMANIK AND 4 ORS.
         S/O FULCHAN ALI PORAMANIK
         R/O VILL-NAYACHARA,
         P.O. CHITHILA
         P.S. FAKIRAGRAM,
         DIST. KOKRAJHAR, ASSAM

         2: FULCHAN ALI PORAMANIK
          S/O LATE KADER ALI PORAMANIK
         R/O VILL- NAYACHARA

         P.O. CHITHILA
         P.S. FAKIRAGRAM

         DIST. KOKRAJHAR
         ASSAM

         3: JABEDA BIBI
         W/O FULCHAN ALI PORAMANIK
         R/O VILL- NAYACHARA

         P.O. CHITHILA
         P.S. FAKIRAGRAM

         DIST. KOKRAJHAR
         ASSAM

         4: HABEJ ALI PORAMANIK
          S/O FULCHAN ALI PORAMANIK
         R/O VILL- NAYACHARA

         P.O. CHITHILA
         P.S. FAKIRAGRAM
                                                                       Page No.# 2/3

            DIST. KOKRAJHAR
            ASSAM

            5: SARJINA BEGUM
             D/O FULCHAN ALI PORAMANIK
            R/O VILL- NAYACHARA

            P.O. CHITHILA
            P.S. FAKIRAGRAM

            DIST. KOKRAJHAR
            ASSA

            VERSUS

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

            2:MONORA BEGUM
             D/O MONNAF ALI FAKIR
            W/O ABDUL MONNAF ALI PORAMANIK
            R/O VILL- KOTPARA

            P.O. CHITHILA UNDER FAKIRAGRAM POLICE STATION
             IN THE DISTRICT OF KOKRAJHAR (BTR)
            ASSA

Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

11.05.2023

Heard Mr. M.K. Das, learned counsel appearing for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent No.1.

By this petition under Section 482 read with Sections 401/397 Cr.P.C., the Page No.# 3/3

petitioners have prayed for setting aside the impugned Judgment and Order, dated 01.02.2023, passed in Criminal Appeal No. 03/2022 by the learned District and Sessions Judge, Kokrajhar.

As Mr. B. Sarma, learned Addl. Public Prosecutor, has entered appearance on behalf of the State respondent No.1, no fresh notice needs to be issued. However, a copy of the petition along with the documents annexed thereto, be furnished to Mr. Sarma within 2(two) days.

Issue notice to the respondent Nos. 2 to 5. Steps be taken by registered post with A/D within 3(three) days.

Call for the records of Criminal Appeal No. 03/2022 pending in the Court of learned District and Sessions Judge, Kokrajhar.

Also call for a legible scanned copy of the records of C.R. (DV) Case No. 19/2021 pending in the Court of learned S.D.J.M.(S), Kokrajhar.

List after 3(three) weeks.

JUDGE

Comparing Assistant