Biren Sutradhar vs The State Of Assam And Anr
2023 Latest Caselaw 1978 Gua

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GAHC010099882023




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


                                Case No. : Crl.Rev.P./186/2023

            BIREN SUTRADHAR
            S/O LATE KHUSIMOHAN SUTRADHAR
            VILL AND P.O. JANIA
            DIST. BARPETA, ASSAM
            PIN-781314

            VERSUS

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

            2:SMTI. ANJANA SUTRADHAR
             D/O BHIM RAJBANGSHI
            VILL AND P.O. JANIA
            DIST. BARPETA
            ASSAM
            PIN-78131




Advocate for the Petitioner   : MR K BHUYAN

Advocate for the Respondent : PP, ASSAM
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                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                         ORDER

Date : 15.05.2023

Heard Mr. K Bhuyan, learned counsel for the petitioner ' X'.

The petitioner has filed an application under sections 397/401 Cr.P.C., challenging the legality and propriety of the order dated 24.02.2023 passed by the learned SDJM (S), Barpeta in CR Case No.346/2019 under section 12 of the Protection of Women from Domestic Violence Act, 2005.

Heard Mr. P Borthakur, learned Addl. PP, appearing for the State.

The learned Addl. PP has accepted notice on behalf of the respondent No.1, so no formal notice is required to be issued to the respondent No.1.

Issue notice to the respondent No.2, returnable by 4 (four) weeks.

Steps to be taken by way of Registered Post with A.D as well as through usual process within 7 (seven) days.

Call for the LCR.

The learned counsel for the petitioner has prayed for interim stay as he is aggrieved by the aforementioned impugned judgment and order which has not followed the guidelines of the Hon'ble Supreme Court in the case of Rajneesh Vs. Neha, reported on (2021) 2 SCC 324.

The prayer for interim stay will be considered on the next Page No.# 3/3

returnable date.

List accordingly.

The learned counsel for the petitioner has prayed to mention respondent No.2 in the petition. The correction may be made in presence of the registry by hand.

JUDGE

Comparing Assistant