Gopeswar Das vs Rubic Basumatary And Anr
2024 Latest Caselaw 3188 Gua

Gauhati High Court

Gopeswar Das vs Rubic Basumatary And Anr on 10 May, 2024

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GAHC010080272024




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

                                Case No. : Crl.Rev.P./181/2024

            GOPESWAR DAS
            S/O SRI KHUCHI MOHAN DAS, R/O DENARTARY, DIST-BARPETA, ASSAM,
            PIN-781301



            VERSUS

            RUBIC BASUMATARY AND ANR.
            S/O BISHNU ANANDA BASUMATARY, R/O WARD NO. 12, SWMDWM
            NWGWR, P.S.-BONGAIGAON, DIST- BONGAIGAON, ASSAM

            2:STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR. D DAS

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

10.05.2024

Heard Mr. B. J. Mukherjee, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 2.

This is an application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 for setting aside and quashing the impugned judgment and order dated 12.01.2024, passed by the learned Sessions Judge, Chirang Kajalgaon in Criminal Appeal Case No. 07/2023, dismissing the appeal and upholding the conviction order dated 22.09.2023, passed by the learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon in NICR Case No. 12/2021, under Section 138 NI Act.

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

Since Mr. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 2, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition along with relevant annexures appended thereto, if not already furnished, during the course of the day.

Learned counsel for the petitioner shall take steps for service of notice on respondent No. 1 by registered post with A/D as well as by usual process within a week from today.

Considering the submissions made by the learned counsel for the petitioner and also considering the attending facts and circumstances on record, in the interest of justice, operation of impugned judgment and order dated 22.09.2023, passed by the learned Additional Chief Judicial Magistrate, Chirang at Kajalgaon in NICR Case No. 12/2021 as well as the impugned Page No.# 3/3

judgment and order dated 12.01.2024, passed by the learned Sessions Judge, Chirang Kajalgaon in Criminal Appeal Case No. 07/2023, shall remain stayed till returnable date.

List the matter after 4 (four) weeks along with Crl. Rev. P. No. 179/2024 & Crl. Rev. P. No. 180/2024.

JUDGE

Comparing Assistant