Citation : 2024 Latest Caselaw 3846 Gua
Judgement Date : 3 June, 2024
Page No.# 1/2
GAHC010107582024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./628/2024
MD. ANISH AHMED SAIKIA
S/O LATE HEMIDUR RAHMAN, R/O VILL- DOIGRUNG, P.O.-DOIGRUNG,
P.S.-GOLAGHAT, DIST- GOLAGHAT, ASSAM, PIN-785702
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MISS JAFRINE BEGUM
D/O MD. ANISH AHMED SAIKIA
A R/O NEGHERITING KALYAN NAGAR
P.O.-NEGHERITING
P.S.-DERGAON
DIST- GOLAGHAT
ASSAM
PIN-78570
Advocate for the Petitioner : MR. S N TAMULI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 03.06.2024
Heard Mr. S.N. Tamuli, learned counsel for the petitioner. Also heard Mr. P.S. Page No.# 2/2
Lahkar, learned Additional Public Prosecutor for the State/respondent No.1. This application has been preferred under Section 482 Cr.P.C. praying for quashing of the judgment dated 10.02.2023 passed by the learned Additional Sessions Judge, Golaghat, Assam, in Crl. Appeal (DV) No. 40/2019 by affirming the order dated 17.07.2019 passed by the learned JMFC, Golaghat in Misc. (DV) Case No. 79/2018.
Issue notice.
The learned counsel for the petitioner is directed to take step for service of notice upon the respondent No. 2 by way of registered post with AD as well as other usual process returnable within four weeks. The steps be taken within 7(seven) days.
No formal notice required to be served upon the respondent No.1 as because Mr. Lahkar, Addl.P.P. has entered appearance. Extra copy of the petition shall be provided to Mr. Lahkar. Call for the scanned copy of trial court record pertaining Misc. (DV) Case No. 79/2018 passed by the learned JMFC, Golaghat. The Registry is directed to procure the same.
List the matter after four weeks.
JUDGE
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