Niva Rani Dey vs Sumit Kr. Dey And 2 Ors
2023 Latest Caselaw 3949 Gua

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GAHC010203602023




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

                                  Case No. : Crl.A./354/2023

            NIVA RANI DEY
            W/O PORITOSH DEY, VILL.- RAJYESWARPUR PT.- 1, P.S.- LALA, DIST.-
            HAILAKANDI.

            VERSUS

            SUMIT KR. DEY AND 2 ORS.
            S/O LATE SANAT DEY,

            2:SABUJ KR. DEY
             S/O LATE BARINDRA DEY
            VILL.- RAJYESWARPUR PT.- 1
             P.S.- LALA
             DIST.- HAILAKANDI
             PIN- 788151.

            3:STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR

Advocate for the Petitioner   : MS B DEVI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                            ORDER

Date : 25.09.2023

Heard Ms. B.Devi, learned counsel for the appellant and also heard Mr. D. Das, learned Addl.

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P.P. for the State respondent No.1 This appeal against acquittal u/s 372 of Cr.P.C. is directed against the judgment and order dated 6.7.2023, passed by the learned Addl. Sessions Judge, Hailakandi in Sessions Case No. 144/2019 u/s 448/376/294/506/34.

It is to be noted herein that vide impugned judgment and order dated 6.7.2023, the learned Court below has acquitted the respondent Nos. 1 and 2 from the charge u/s 448/376/294/506/34 IPC.

Perused the petition and the grounds mentioned therein. Also perused the impugned judgment and order dated 6.7.2023.

Let notice be issued to the returnable in four weeks. Steps be taken upon respondent Nos.1 & 2 by registered post and also by usual process within a week from today.

However, no formal notice is required to be issued to respondent No.3, since Mr.D.Das, learned Addl. P.P. appeared and accepted notice. However, extra requisite copy of the appeal memo be furnished to him during the course of the day. Registry to call for the record from the learned Court below. List the matter after four weeks.

JUDGE

Comparing Assistant