Pinkoo Gogoi vs The State Of Assam And Anr
2023 Latest Caselaw 4415 Gua

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GAHC010095572023




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

                                  Case No. : Crl.A./388/2023

            PINKOO GOGOI
            S/O LATE ANANDA CHANDRA GOGOI,
            R/O JATAKIA GOAN,
            P.O.- JATAKIA GAON, P.S.- NAZIRA, DIST.- SIVASAGAR, PIN- 785666
            (ASSAM).



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE LEARNED PROSECUTOR.

            2:X
             REP. BY HER WIFE OF THE APPELLANT SMTI. MADHUSMITA GOGOI
            AGED ABOUT 27 YEARS

            W/O SRI PINKOO GOGOI

            D/O SRI RABIN GOGOI

            R/O DEOGHARIA GAON
            P.O.- DEOGHARIA
            DIST.- SIVASAGAR
            PIN- 785696 (ASSAM)

Advocate for the Petitioner   : DR. B N GOGOI

Advocate for the Respondent : PP, ASSAM

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BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order 17.10.2023

Heard Dr. B. N. Gogoi, learned counsel for the appellant. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam.

This criminal appeal is filed under Section 374(2) of the Code of Criminal Procedure against the impugned judgment and Order dated 03.04.2023 passed by the learned Sub Divisional Judicial Magistrate (M), Nazira in PRC Case No. 349/2020 arising out of FIR No. 22 of 2020 under Section 498(A)/323 of IPC.

This Crl. Appeal is admitted.

Call for the records.

Issue notice returnable after six weeks.

As Mr. M. P. Goswami, learned Additional Public Prosecutor accepts notice on behalf of the respondent No. 1, no formal notice need be issued to the said respondent.

The appellant to take steps for issuance of notice upon the respondent No. 2, by way of registered post with A/D as well as usual process within a period of five days from today.

List accordingly.

JUDGE

Comparing Assistant