Smt. Manorama Saikia vs The State Of Assam And Anr
2024 Latest Caselaw 7894 Gua

Gauhati High Court

Smt. Manorama Saikia vs The State Of Assam And Anr on 29 October, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                         Page No.# 1/2

GAHC010222372024




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

                                Case No. : Crl.Rev.P./424/2024

            SMT. MANORAMA SAIKIA
            W/O SRI RUPEN SAIKIA, R/O MERILI PATHAR GAON, P.O. AND P.S.-
            CHABUA, DIST- DIBRUGARH, ASSAM-786184



            VERSUS

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

            2:KHIROD PHUKAN
             S/O LATE NIRMAL PHUKAN
             R/O MERILI PATHAR GAON
             P.O. AND P.S.-CHABUA
             DIST- DIBRUGARH
            ASSAM-78618

Advocate for the Petitioner   : MR. A K GUPTA, MR. R K MAHANTA,MR. R S MISHRA

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 29.10.2024

Heard Mr. A.K.Gupta, learned counsel for the petitioner and Mr. D.P.Goswami, learned Additional Public Prosecutor for the State respondent No.1.

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By filing this application under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the petitioner has prayed for setting aside and quashing of the Judgment and order dated 26.07.2024 passed by the learned Sessions Judge, Dibrugarh in Criminal Appeal No. 45(3)/2018 affirming the Judgment and Order dated 14.06.2018 passed by the learned JMFC, Dibrugarh in GR Case No. 650/2010 whereby the accused was convicted under Section 406 of the IPC and sentenced to undergo SI for one year with fine of Rs.10,000/- in default SI for 6 months.

Issue notice to the respondents.

As Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.1, no notice need be issued to respondent No.1. Extra copy be furnished.

Petitioner to take steps for service of notice on respondent No.2 by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 3 days.

Call for the trial court records pertaining to GR Case No. 650/2010. Registry is directed to procure the records. List after four weeks.

JUDGE

Comparing Assistant