Md. Firoj Ali vs The State Of Assam And Anr
2023 Latest Caselaw 4521 Gua

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GAHC010244982023




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

                                Case No. : Crl.L.P./44/2023

            MD. FIROJ ALI
            S/O LATE ABDUL MANNAF,
            VILL.- RAMPUR, P.O.- RAMPUR, P.S.- MUKALMUA, DIST.- NALBARI,
            ASSAM, PIN- 781126.


            VERSUS

            THE STATE OF ASSAM AND ANR.
            THROUGH THE PUBLIC PROSECUTOR.

            2:MD. MAZIBAR RAHMAN
             S/O LATE JAMIN ALI, VILL.- SONAPUR
             P.O.- MUGDI, P.S.- MUKALMUA, DIST.- NALBARI
            ASSAM, PIN- 781338

Advocate for the Petitioner   : MS. N S THAKURIA

Advocate for the Respondent : PP, ASSAM

             Linked Case :

            FIROJ ALI

             VERSUS

            THE STATE OF ASSAM AND ANR. B


            ------------
            Advocate for : MS. N S THAKURIA
            Advocate for : appearing for THE STATE OF ASSAM AND ANR. B
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                      JUDGMENT

Date : 06.11.2023

Heard Ms. N. Thakuria learned counsel for the appellant. Also heard Mr. B. Sarma, learned Addl. P.P for the State respondent No.1. This Criminal Leave Petition u/s 378(4) of Cr.P.C. is preferred by the appellant, Md. Firoz Ali for granting him leave to file an appeal against the judgment and order of acquittal dated 29.8.2023, passed by the learned Sessions Judge, Nalbari in Crl.Appl. No 23/2022.

It is to be noted here that vide impugned judgment and order dated 29.8.2023, the learned Sessions Judge, Nalbari has acquitted the respondent No.2 from the offence u/s 138 Act of N.I. Act.

Perused the petition and the documents placed on record and also perused the impugned judgment and order dated 29.08.2023 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.

Registry shall call for the record from the learned Court below. List the matter after four weeks.

JUDGE

Comparing Assistant