Bhakta Biswas vs The State Of Assam And Anr
2024 Latest Caselaw 8076 Gua

Gauhati High Court

Bhakta Biswas vs The State Of Assam And Anr on 5 November, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                   Page No.# 1/2

GAHC010223962024




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

                                Case No. : Crl.Rev.P./435/2024

            BHAKTA BISWAS
            S/O LATE NIL MOHAN BISWAS, VILL- THENG BHANGA, P.S.-MAYANG,
            DIST- MORIGAON (ASSAM), PIN-782411



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:SMTI. RAGNMALA BISWAS
            W/O LATE JATIN BISWAS
            VILL- THENG BHANGA
             P.O.- MAYANG
             P.S.-MAYANG
             DIST- MORIGAON (ASSAM)
             PIN-78241

Advocate for the Petitioner   : MR. A ROSHID, MS. T BEGUM

Advocate for the Respondent : PP, ASSAM,
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                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                             ORDER

05.11.2024

Heard Mr. A Roshid, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam.

Issue Notice.

No formal notice need be issued on the respondent no. 1 as because Mr. Goswami has accepted notice on behalf of the said respondent. However, extra copy of the petition be furnished to him.

Petitioner shall take steps for service of notice on the respondent no. 2 by registered post with A/D and other usual process.

Here, in this case, Police filed the charge sheet under Section 325 of the Indian Penal Code. But the trial court framed the charge under Section 326 of the IPC and convicted the petitioner under the said Section 326 IPC.

For the aforesaid reason, it is hereby directed that until further order, the Judgment and Order dated 23.09.2024 passed in Criminal Appeal No. 22/2023 by the learned Sessions Judge,

Morigaon affirming the Judgment dated 06.120.2023 passed by the learned Judicial Magistrate 1 st Class, Morigaon in GR Case No. 573/2016 shall remain stayed.

List again after 4 [four] weeks.

JUDGE

Comparing Assistant