Rina Sarkar vs Utpal Phukan And 3 Ors
2024 Latest Caselaw 68 Gua

Gauhati High Court

Rina Sarkar vs Utpal Phukan And 3 Ors on 5 January, 2024

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GAHC010079692023




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

                         Case No. : Crl.Pet./370/2023

         RINA SARKAR
         DAUGHTER OF LATE DHANANJAY SARKAR,
         RESIDENT OF VILLAGE- HARMOTI GAUTIBARI,
         P.O.- LALUK, P.S.- LALUK,
         DISTRICT- NORTH LAKHIMPUR,
         ASSAM, PIN- 784160.

         VERSUS

         UTPAL PHUKAN AND 3 ORS.
         SON OF SHRI PRATAP PHUKAN,
         RESIDENT OF VILLAGE- NO.1 BAGARI,
         P.O.- LALUK, P.S.- LALUK,
         DISTRICT- NORTH LAKHIMPUR, ASSAM,
         PIN- 784160.

         2:NIRAL DADRAI
          SON OF SHRI FOUDA DADRAI
          RESIDENT OF VILLAGE- HARMOTI GAUTIBARI
          P.O.- LALUK
          P.S.- LALUK
          DISTRICT- NORTH LAKHIMPUR
         ASSAM
          PIN- 784160.

         3:MANCHIND CHAURIA
          SON OF SHRI TINTUS CHAURIA
          RESIDENT OF VILLAGE- HARMOTI GAUTIBARI
          P.O.- LALUK
          P.S.- LALUK
          DISTRICT- NORTH LAKHIMPUR
         ASSAM
          PIN- 784160.
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            4:SIMON TIRKI
             SON OF SHRI JAHAN TIRKI
             RESIDENT OF VILLAGE- HARMOTI GAUTIBARI
             P.O.- LALUK
             P.S.- LALUK
             DISTRICT- NORTH LAKHIMPUR
            ASSAM
             PIN- 784160

Advocate for the Petitioner   : MR. A K PURKAYASTHA

Advocate for the Respondent :


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

05.01.2024

Heard Mr. A.K. Purkayastha, learned Senior Counsel assisted by Mr. S. Sharma, learned counsel for the petitioner.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner has put to challenge the correctness or otherwise of the judgment and order dated 09.03.2022, passed by the learned Additional Sessions and District Judge, Lakhimpur at North Lakhimpur in Criminal Revision No. 04[1]/2019.

3. It is to be noted here that vide judgment and order dated 09.03.2022, the learned court below has set aside the order dated 21.09.2018, passed by the learned Additional District Magistrate, Lakhimpur at North Lakhimpur, in Misc Case No. 72/2011, declaring possession over 2 Lecha out of 3 Bigha 2 Kotha 2 Lecha.

4. Perused the petition as well as the documents placed on record.

5. Let notice be issued to the respondents, within a week from today, returnable in 4 weeks, by registered post with A/D and also by usual process.

6. Having considered the submissions of learned counsel for the petitioner and also considering the facts and circumstances on the record, this Court is inclined to stay the order dated 09.03.2022, passed by the learned Additional Sessions and Page No.# 3/3

District Judge, Lakhimpur at North Lakhimpur in Criminal Revision No. 04[1]/2019, till disposal of this revision petition.

7. Call for the record from the learned court below.

8. List the matter after 4 weeks.

JUDGE

Comparing Assistant