Surajit Hazarika vs The State Of Assam And Anr
2023 Latest Caselaw 3935 Gua

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GAHC010213882023




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

                                Case No. : Crl.Rev.P./416/2023

            SURAJIT HAZARIKA
            S/O LATE P.K. HAZARIKA
            R/O WARD NO. 4,
            AMGURI TOWN,
            P.O. AND P.S. AMGURI
            DIST. SIVASAGAR, ASSAM
            PIN-785680



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:RAJU GUPTA
             S/O KEDARNATH GUPTA
            R/O RAJAMAIDAM NEW COLONY
            P.O.
             P.S. AND DIST. JORHAT
            ASSAM
             PIN-78500

Advocate for the Petitioner   : MR. K R BORA

Advocate for the Respondent : PP, ASSAM
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                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

25.09.2023

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

2. In this petition, under Section 397 read with Section 401 of the Cr.P.C., the petitioner has put to challenge the order dated 10.08.2023, passed by the learned Addl. Sessions Judge, Jorhat in Criminal Appeal No. 10/2023.

3. It is to be noted here that vide order dated 10.08.2023, the learned court below has upheld the judgment and order dated 13.03.2023, passed by the learned CJM, Jorhat in CR [NI] Case No. 33/2016.

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 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, it is provided that till returnable date the impugned order dated 10.08.2023, passed by the learned Addl. Sessions Judge, Jorhat, in Criminal Appeal No. 10/2023, stands stayed.

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

9. List the matter after 4 weeks.

JUDGE

Comparing Assistant