Page No.# 1/3 vs The State Of Assam And 2 Ors
2024 Latest Caselaw 5578 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 2 Ors on 5 August, 2024

                                                                Page No.# 1/3

GAHC010141962024




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

                            Case No. : Crl.Rev.P./286/2024

         HARESWAR BHATTACHARJEE AND ANR
         S/O LATE MAHESWAR BHATTACHARJEE
         R/O RUPNAGAR, BRINDABAN PATH, HOUSE NO. 14, GUWAHATI-781007,
         UNDER P.S. PALTAN BAZAR,
         DIST. KAMRUP (M), ASSAM

         2: SMTI. PRATIBHA RANI BHATTACHARJEE
         W/O HARESWAR BHATTACHARJEE
         R/O RUPNAGAR
          BRINDABAN PATH
          HOUSE NO. 14
          GUWAHATI-781007
          UNDER P.S. PALTAN BAZAR

         DIST. KAMRUP (M)
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 2 ORS
         REPRESENTED BY THE PP, ASSAM

         2:SRI GOPAL CHANDRA MEDHI
          S/O LATE HANGSHA RAM MEDHI
         R/O RUPNAGAR
          BRINDABAN PATH
          HOUSE NO. 14
          GUWAHATI-781007
          UNDER P.S. PALTAN BAZAR

         DIST. KAMRUP (M)
         ASSAM

         3:SRI KHANINDRA CH. MEDHI
                                                                            Page No.# 2/3

            S/O SRI GOPAL CHANDRA MEDHI
            R/O RUPNAGAR
            BRINDABAN PATH
            HOUSE NO. 14
            GUWAHATI-781007
            UNDER P.S. PALTAN BAZAR

            DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR P KATAKI, MS. A LALA,MRS R BEGUM,MR D
CHAKRABORTY

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

05.08.2024

1. Heard learned counsel Mr. P. Kataki for the petitioner Hareswar

Bhattacharjee.

2. This application has been filed by the petitioner who is aggrieved by the

Judgment and order dated 19.04.2024 passed in Crl. Appeal No. 40/2021

passed by the Additional Sessions Judge No. 5, Kamrup (M), Guwahati

dismissing the Appeal dated 09.03.2021 in GR Case No. 7329/2009 passed by

the Additional Chief Magistrate, Kamrup (M), Guwahati.

3. Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for Page No.# 3/3

respondent No. 1.

4. Learned Additional Public Prosecutor has accepted notice on behalf of

respondent No. 1 and thus no formal notice is required to be issued. However,

sufficient copies of the petition to be furnished during the course of the day.

Issue notice to respondent No. 2 through registered post with A/D as well as

through usual process returnable within 4 (four) weeks.

5. Call for the Records of Crl. Appeal No. 40/2021 and GR Case No. 7329/2009

from the respective Courtsz.

6. List accordingly.

JUDGE

Comparing Assistant