Page No.# 1/4 vs The State Of Assam And Anr
2023 Latest Caselaw 3777 Gua

                                                                    Page No.# 1/4

GAHC010199062023




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

                         Case No. : Crl.Rev.P./394/2023

         SHANKAR DEO SHARMA AND 3 ORS
         S/O SRI BRAHMANAND SHARMA
         R/O QTR. NO. 335/B, NEW COLOY, NEAR SRI SRI TRINATH MANDIR, P.O.
         AND P.S. BONGAIGAON AND DIST. BONGAIGAON, PIN-783380

         2: SRI BRAHMANAND SHARMA
          S/O LT. DASAI SHARMA
         R/O QTR. NO. 335/B
          NEW COLOY
          NEAR SRI SRI TRINATH MANDIR
          P.O. AND P.S. BONGAIGAON AND DIST. BONGAIGAON
          PIN-783380

         3: SMT. SHAIL SHARMA
         W/O SRI BRAHMANAND SHARMA
         R/O QTR. NO. 335/B
          NEW COLOY
          NEAR SRI SRI TRINATH MANDIR
          P.O. AND P.S. BONGAIGAON AND DIST. BONGAIGAON
          PIN-783380

         4: SARASWATI SHARMA
          D/O BRAHMANAND SHARMA
         R/O QTR. NO. 335/B
          NEW COLOY
          NEAR SRI SRI TRINATH MANDIR
          P.O. AND P.S. BONGAIGAON AND DIST. BONGAIGAON
          PIN-78338

         VERSUS

         THE STATE OF ASSAM AND ANR
         REP. BY THE PP, ASSAM
                                                                        Page No.# 2/4

            2:SMTI. RIYANKA SHARMA
            W/O SRI SHANKAR DEO SHARMA
            D/O SRI RAM SAGAR SHARMA
            PRESENTLY RESIDING AT CENTRAL COLONY
             NEAR VIVEKANANDA VIDYAPITH H.S. SCHOOL

            P.S. AND DIST. BONGAIGAON
            ASSA

Advocate for the Petitioner   : MR. D GOSWAMI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                          ORDER

Date : 18.09.2023

Heard Mr. D. Goswami, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No. 1 and Ms. R. Saha, learned counsel who has entered appearance on behalf of respondent No. 2 by filing vakalatnama.

This criminal revision petition, under Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973, is preferred against the judgment and order dated 06.07.2023, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 26/2023, whereby the learned Court below dismissed the appeal and upheld the judgment and order dated 06.12.2022, passed by the learned Additional Chief Judicial Magistrate, Bongaigaon, in DVCR Case No. 03/2020.

Page No.# 3/4

Admit.

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

As Mr. B. Sharma, learned Additional Public Prosecutor for State respondent No. 1, and Ms. R. Saha, learned counsel for the private respondent No. 2, have entered appearance and accepted notice on behalf of their respective respondents, issuance of formal notices to the said respondents are hereby dispensed with. However, they shall be provided with requisite extra- copy of the petition, if not already furnished, during the course of the day.

Registry to give requisition for procuring the LCR from the learned Courts below.

It is submitted by the learned counsel for the petitioners that the interim prayer may be considered by staying the operation of impugned judgment and order dated 06.12.2022, passed by the learned Additional Chief Judicial Magistrate, Bongaigaon, in DVCR Case No. 03/2020, and the judgment dated 06.07.2023, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 26/2022.

On the other hand, Ms. Saha, learned counsel for the respondent No. 2, raised objection and submitted that she will be filing written objection in that regard.

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List the matter after 4 (four) weeks on receipt of the LCR from the learned Courts below.

JUDGE

Comparing Assistant