Mostaque Ahmed Tapadar vs Asraf Huissain Laskar And Anr
2023 Latest Caselaw 3933 Gua

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GAHC010206642023




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

                              Case No. : Crl.Rev.P./417/2023

           MOSTAQUE AHMED TAPADAR
           S/O LATE EKRAM ALI LASKAR
           R/O GHONIWALA
           P.O. AND P.S. SILCHAR
           DIST. CACHAR, ASSAM
           PIN-788002

           VERSUS

           ASRAF HUISSAIN LASKAR AND ANR
           S/O LATE AKRAM ALI LASKAR
           R/O GHONIWALA, SILCHAR
           P.O. SILCHAR-788002
           P.S.SILCHAR
           DIST. CACHAR, ASSAM

           2:THE STATE OF ASSAM
           THROUGH PP
           ASSA

Advocate for the Petitioner : MR. R MAJUMDAR
Advocate for the Respondent : PP, ASSAM


                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

25.09.2023

Heard Mr. R. Majumdar, learned counsel for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent.

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2. In this petition, under Section 397 read with Section 401 of the Cr.P.C., the petitioner has put to challenge the judgment and order dated 11.07.2023, passed by the learned Addl. Sessions Judge [FTC], Cachar, Silchar in Criminal Appeal No. 09/2022.

3. It is to be noted here that vide judgment and order dated 11.07.2023, the learned court below has upheld the judgment and order dated 03.03.2022, passed by the learned Addl. CJM, Cachar, Silchar, in CR [NI] Case No. 126/2017.

4. Perused the petition as well as the documents placed on record.

5. Let notice be issued to the respondent No. 1, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Mr. Baishya has appeared and accepted notice on behalf of the State respondent, no formal notice is required to be issued. However, extra requisite copy of the petition be furnished to the State respondent during the course of the day.

6. Having heard the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, till returnable date, the impugned judgment and order dated 11.07.2023, passed by the learned Addl. Sessions Judge [FTC], Cachar, Silchar in Criminal Appeal No. 09/2022, stands stayed.

8. Registry to call for the record from the learned court below.

9. List the matter after 4 [four] weeks.

JUDGE

Comparing Assistant