Citation : 2024 Latest Caselaw 7466 Gua
Judgement Date : 1 October, 2024
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GAHC010202402024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1218/2024
ARVINDER SINGH SYAN
S/O LATE MANOHAR SING SYAN
R/O RNC PATH, THANA CHARIALI, DIBRUGARH, P.O. AND P.S.
DIBRUGARH, DIST. DIBRUGARH, ASSAM
VERSUS
SMT. DOLLY VERMA AND ANR
W/O SRI ARVINDER SINGH SYAN
D/O LATE BANWARILAL VERMA,
R/O HS ROAD, AMBA COMPLEX,
DIBRUGARH, P.O. AND P.S. DIBRUGARH, DIST. DIBRUGARH, ASSAM
2:THE STATE OF ASSAM
REPRESENTED BY THE PP
ASSA
Advocate for the Petitioner : MR R CHAKRAVORTY, S RABHA
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 01.10. 2024 Heard Mr. R. Chakraborty, learned counsel for the petitioner and Mr. D.P. Goswami, learned Addl. Public Prosecutor, Assam for the State respondent No.
2.
This is an application under Section 482 read with Section 401 Cr.P.C. 1973, for setting aside and quashing the impugned judgment and order dated 01.08.2024, passed by the learned Sessions Judge, Dibrugarh in Crl. Appeal No. 22 (4)/ 2023 filed under Section 29 of the Protection of Woman from Domestic Violence Act upholding the impugned order dated 17.11.2023, passed by the learned JMFC, Dibrugarh in D.V. Case No. 63/2022.
Issue notice to the respondent No.1, returnable within 4 weeks.
The petitioner shall take steps for service of notice upon the respondent No. 1 by registered post with A/D as well as usual process.
Steps be taken within 7 days.
No formal notice is required to be served upon the respondent No. 2 as Mr. Goswami has entered appearance and accepted notice on behalf of the said respondent.
However, extra copy of the petition be furnished to the learned counsel for the respondent No. 2 during the course of the day.
Call for the scanned copy of the trial Court record pertaining to D.V. Case No. 63/2022.
It is submitted by the learned counsel for the petitioner that the petition vides No. 2816/2023 dated 29.09.2023 filed by the petitioner is still pending in Page No.# 3/3
the trial court, which is required to be disposed of before further proceeding of the trial.
In view of the above, learned trial Magistrate shall hear the parties on the aforesaid petition and dispose of the same in accordance with law.
List the matter 05.11.2024.
JUDGE
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