Saiod Ahmed vs The State Of Assam And Anr
2023 Latest Caselaw 3959 Gua

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GAHC010212882023




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

                                Case No. : Crl.Rev.P./411/2023

            SAIOD AHMED
            S/O SOFI AHMED
            PERMANENT RESIDENT OF VILL- MANASHPARA, P.O. LAKHIPUR P.S.
            LAKHIPUR
            DIST. GOALPARA, ASSAM
            PIN-783129



            VERSUS

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

            2:MRS. LATIFA KHATUN
            W/O SAIOD AHMED
            D/O ABDUL LATIF

            R/O VILL- FARINGAPARA

            P.S. LAKHIPUR

            DIST. GOALPARA
            ASSAM
            PIN-78312

Advocate for the Petitioner   : MR. S A B KHABIR

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

                                        ORDER

25.09.2023

Heard Mr. S.A.B. Khabir, learned counsel for the petitioner and Mr. P. Borthakur, 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 28.06.2023, passed by the learned Addl. Sessions Judge, Goalpara in Criminal Appeal No. 10/2022.

3. It is to be noted here that vide order dated 28.06.2023, the learned court below has upheld the judgment and order dated 11.05.2022, passed by learned Judicial Magistrate First Class, Goalpara in PWDV Case No. 390/2019.

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. Borthakur 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. The interim prayer of the petitioner will be considered after perusing the record received from the learned court below.

JUDGE

Comparing Assistant