Md Nurjamal @ Dilwar vs The State Of Assam And 2 Ors
2023 Latest Caselaw 3571 Gua

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GAHC010194592023




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

                                Case No. : Crl.Rev.P./368/2023

            MD NURJAMAL @ DILWAR
            S/O LATE HUSSAIN ALI
            R/O VILL- GULESTAN PATTI
            P.S. MIKIRBHETA POLICE STATION
            DIST. MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE LEARNED PP, ASSAM

            2:MD. HAIDOR ALI
             SON OF MD. HAFIJ UDDIN AHMED
            R/O VILL- BESAMARI
            P.S. DHING

            DIST. NAGAON
            ASSAM
            PIN-782123

            3:MUSSTT. MOMTAZ BEGUM
             (VICTIM)
            W/O MD. ABDUL RASID
            R/O VILL- BESAMARI
            P.S. DHING
            DIST. NAGAON
            ASSAM
            PIN- 78212

Advocate for the Petitioner   : MR D K DAS

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                  ORDER

07.09.2023 Heard Mr. D. K. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

This is an application filed under Section 397 and 401 of the Code of Criminal Procedure, 1973, challenging Judgment and Order dated 28.05.2018 passed by the learned Assistant Session Judge, Morigaon and Order dated 03.08.2023 passed by the learned Sessions Judge, Morigaon upholding by a slight modification of the Judgment and Order dated 28.05.2018.

Issue notice to the respondents, returnable within 4(four) weeks.

Since Mr. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, during the course of the day.

The learned counsel for the petitioner shall take steps for service of notice upon the respondent Nos. 2 & 3 by registered post with A/D as well as by usual process within a week from today.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant