Saidul Haque Choudhury vs The State Of Assam And Anr
2024 Latest Caselaw 3154 Gua

Gauhati High Court

Saidul Haque Choudhury vs The State Of Assam And Anr on 9 May, 2024

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GAHC010090702024




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

                                 Case No. : Crl.Pet./534/2024

            SAIDUL HAQUE CHOUDHURY
            S/O NIZAM UDDIN CHOUDHURY
            R/O VILL- SATKORAKANDI PART-II,P.S. SONAI, DIST. CACHAR, ASSAM



            VERSUS

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

            2:MUSSTT. IMRANA SULTANA LASKAR
             D/O LATE MOHIN UDDIN LASKAR
            R/O VILL- NITAINAGAR
            PART-II
             P.S. ALGAPUR
             DIST. HAILAKANDI
            ASSAM
             PIN-78815

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                 ORDER

09.05.2024

Heard Mr. L. R. Mazumdar, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 482 of the Code of Criminal Procedure, 1973 challenging the impugned Judgment and Order dated 07.11.2023 passed by the learned Sessions Judge, Hailakandi in Crl.Rev.No.44/2023, thereby, affirming the Order passed by the learned Additional CJM, Hailakandi on 09.06.2023 in M.R. Case No.158/2018.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Mr. Goswami, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Also call for the scanned copy of the LCR from the learned Court below.

List the matter after 4(four) weeks.

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In regard to the arrear, the petitioner is directed to pay the 50% of the amount to the respondent No.2, if any.

JUDGE

Comparing Assistant