Arun Sahani @ Arun Kumar Sahani vs The State Of Assam And Anr
2023 Latest Caselaw 4520 Gua

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GAHC010241592023




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

                                Case No. : Crl.Pet./1168/2023

            ARUN SAHANI @ ARUN KUMAR SAHANI
            S/O LATE ASARFI SAHANI, R/O BISHNUPUR MAIN ROAD, NEAR KALI
            MANDIR, P.O.-GOPINATH NAGAR, P.S.-BHARALUMUKH, GUWAHATI-
            781016, DIST-KAMRUP (M), ASSAM


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:JITEN CH. DEKA
             S/O MANGAL CH. DEKA
             R/O BONDA (DHUPGURI)
             P.O.-BOND

Advocate for the Petitioner   : MR. P S BHATTACHARYYA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 06.11.2023

Heard Mr. P. S. Bhattacharyya, learned counsel for the petitioner and also heard Mr. B. Sarma, learned Addl. P. P. for the State respondent . In this petition under Section 482 read with Section 401 Cr.P.C., the petitioner has Page No.# 2/2

challenged the order dated 30.08.2023, passed by the learned Judicial Magistrate, Ist Class, Kamrup (M) in Noonmati P.S.Case No. 452/2023, u/s 379 IPC. It is to be noted here that vide impugned judgment and order dated 30.08.2023, the learned J.M.F.C., Kamrup(M) has dismissed the prayer filed by the petitioner seeking custody of one Van (crane) bearing registration No.AS-09-C-0488, which was seized in connection with Noonmati P. S. Case No. 452/2023, by the police. Perused the petition and the documents placed on record. Let notice be issued to the respondents returnable in four weeks. Steps be taken upon respondent No.2 by registered post with A/D and also by usual process within a week from today.

No formal notice is required to be issued to respondent No. 1 since Mr. B. Sarma, learned Addl. P.P. has appeared and accepted notice. List the matter after two weeks.

On that day, learned Addl. P.P. shall produce a report before this court as to the requirement of the vehicle No. AS-09-C-0488 for the purpose of investigation.

JUDGE

Comparing Assistant