Raju Thakuria (Medhi) vs The State Of Assam And Anr
2023 Latest Caselaw 2106 Gua

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GAHC010037012023




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

                             Case No. : Crl.Rev.P./88/2023

           RAJU THAKURIA (MEDHI)
           S/O LATE SARBESWAR THAKURIA,
           VILL.- BORMURIA MIRI PATHAR,
           P.O.- SAIKHOWAGHAT,
           P.S.- DHOLA,
           DIST.- TINSUKIA, ASSAM, PIN- 786154.

           VERSUS

           THE STATE OF ASSAM AND ANR.
           THROUGH THE P.P.

           2:THE AUTHORIZED OFFICER-CUM- DIVISIONAL FOREST OFFICER
            DOOMDOOMA DIVISION

           DIST.- TINSUKIA
           ASSAM- 786151

Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : PP, ASSAM




                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Date : 22.05. 2023 Heard Mr. B.D. Konwar, learned senior counsel, assisted by Mr. H. Agarwal, learned counsel for the petitioner and Mr. D. Gogoi, learned Standing Counsel, Forest Department, appearing for the respondent No. 2. Also heard Mr. P.

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Borthakur, learned Addl. Public Prosecutor for the State respondent No. 1.

This is an application under Section 397 read with Section 401 Cr.P.C. against the judgment and order dated 29.11.2022, passed by the leaned Addl. Sessions Judge No. 2 (FTC), Tinsukia in Crl. Appeal No. 8(4)/2021 dismissing the said appeal and upholding the order dated 31.05.2021, passed by the learned Authorized Officer-Cum-Divisional Forest Office, Doomdooma Division, Tinsukia in O.R. No. SD/ 16 of 24.02.2020 invoking powers under Section 49(4) of the Assam Forest Regulation (Amendment) Act, 1955.

It is submitted by the learned counsel for the petitioner that the appeal lies before learned District Judge (not before the learned Sessions Judge) under Section 49(4) of the Assam Forest Regulation (Amendment) Act, 1955 and prays to allow the parties to appear before the learned District Judge, Tinsukia for hearing and deciding the matter afresh.

Mr. D. Gogoi, learned Standing Counsel, Forest Department for the respondent No. 2 has no objection for deciding the matter afresh after giving opportunities to the parties to be heard.

In view of the above, without discussing merit of the case, the criminal revision petition is disposed of with a direction to the parties to appear before the leaned District Judge, Tinsukia on 26.05.2023 and on their appearance, learned District Judge will hear the parties on the issue afresh and decide accordingly.

JUDGE

Comparing Assistant