Pranab Thakur vs The State Of Assam And Anr
2023 Latest Caselaw 3934 Gua

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GAHC010212602023




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

                                Case No. : Crl.Rev.P./413/2023

            PRANAB THAKUR
            S/O LATE GUNIN THAKUR
            R/O MATHGHARIA, ADJACENT TO H/NO. 200, P.O. AND P.S. NOONMATI
            DIST. KAMRUP (M), ASSAM, PIN-781020

            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE ASSISTANT/ADDITIONAL PP, ASSAM

            2:MD. MOKBUL HUSSAIN
             S/O NUR MUHAMMAD
            R/O H/NO. 10
             KATABARI
             P.O AND P.S. GARCHUK
             DIST. KAMRUP (M)
            ASSAM
            PIN-78103

Advocate for the Petitioner   : MR. A CHAMUAH

Advocate for the Respondent : PP, ASSAM


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

25.09.2023

Heard Mr. A. Chamuah, learned counsel for the petitioner and Ms. N. Das, learned Additional Public Prosecutor for the State respondent.

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2. This revision petition, under Section 401 read with Section 397 of the Cr.P.C., is preferred by the petitioner, against the judgment and order dated 09.08.2023, passed by the learned Addl. District and Sessions Judge No. 2, Kamrup [M] at Guwahati in Criminal Appeal No. 201/2018.

3. It is to be noted here that vide judgment and order dated 09.08.2023, the learned court below has upheld the judgment and order dated 10.10.2018, passed by the learned JMFC, Kamrup [M] at Guwahati, in CR Case

No. 3404C/2011.

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

5. Let notice be issued to the respondent No. 2, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process. As Ms. Das 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. Call for the record from the learned court below.

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

8. Having considered the submission of learned counsel for the petitioner and also considering the facts and circumstances on the record, till returnable date, the impugned judgment and order dated 09.08.2023, passed by the learned Addl. District and Sessions Judge No. 2, Kamrup [M] at Guwahati in Criminal Appeal No. 201/2018, stands stayed.

JUDGE

Comparing Assistant