Biren Sarma vs The State Of Assam And 2 Ors
2023 Latest Caselaw 4032 Gua

                                                                   Page No.# 1/2

GAHC010219662023




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

                           Case No. : Crl.L.P./41/2023

         BIREN SARMA
         S/O LT. JAYDEV SARMA,
         R/O RANGIA TOWN, P.O. AND P.S.- RANGIA, DIST.- KAMRUP (ASSAM).


         VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REP. BY ITS PUBLIC PROSECUTOR.

         2:NRIPEN CHANDRA BANIA
          S/O LT. PRASANNA BANIA
          EMPLOYEE OF NF RAILWAY
          RANGIA RANGIA RAILWAY DIVISION
          RANGIA
          UNDER SS POINTSMAN

         R/O RANGIA RAILWAY QUARTER NO- 1039 F
          NEW COLONY
          RANGIA
          P.O. AND P.S.- RABGIA
          DIST.- KAMRUP (M)
         ASSAM
          PIN- 781354.
         3:MINA BANIA
         W/O SRI NRIPEN CHANDRA BANIA
          R/O RANGIA RAILWAY QUARTER NO- 1039 F
          NEW COLONY
          RANGIA
          P.O. AND P.S.- RABGIA
          DIST.- KAMRUP (M)
         ASSAM
          PIN- 781354
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Advocate for the Petitioner : MR. S SAHU
Advocate for the Respondent : PP, ASSAM

              Linked Case :

             SRI BIREN SARMA

              VERSUS

             THE STATE OF ASSAM AND 2 ORS A

             ------------
             Advocate for : MS A ROY
             Advocate for : appearing for THE STATE OF ASSAM AND 2 ORS A



                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                               ORDER

Date : 28.09.2023

Heard Mr. S. Sahu, learned counsel for the petitioner. Also heard Ms. N. Das, learned Addl. P.P. for the State respondent No.1 This application u/s 378(4) Cr.P.C. is preferred by Sri Biren Sarma for granting special leave to file Criminal Appeal against the judgment and order dated 17.2.2022, passed in Crl.Appeal No. 07/2019, by learned Addl. Sessions Judge, Rangia, Kamrup. It is to be noted herein that vide impugned judgment and order dated 17.2.2022, the learned Court below has reversed the judgment and order dated 22.4.2019 passed by learned SDJM(M), Rangia passed in CR Case No.05(NI)/2016, and acquitted the respondent Nos.2 and 3.

Perused the petition and the document placed on record. Let notice be issued to the respondents returnable in four weeks. Steps be taken upon respondent No.2 and 3 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.1, since Ms.N. Das, learned Addl. P.P. appeared and accepted notice. However, extra copy of the petition be furnished to her during the course of the day.

List the matter after four weeks.

JUDGE

Comparing Assistant