Oriental Insurance Company Ltd vs Smt Nilima Devi And 3 Ors
2024 Latest Caselaw 7945 Gua

Gauhati High Court

Oriental Insurance Company Ltd vs Smt Nilima Devi And 3 Ors on 30 October, 2024

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GAHC010218932018




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

                        Case No. : MACApp./494/2019

         ORIENTAL INSURANCE COMPANY LTD
         HAVING ITS GAUHATI REGIONAL OFFICE AT GUWAHATI ULUBARI,
         KAMRUP M ASSAM, REPRESENTED BY ASSISTANT MANAGER, GAUHATI
         REGIONAL OFFICE ULUBARI GUWAHATI 781007, KAMRUP M ASSAM



         VERSUS

         SMT NILIMA DEVI AND 3 ORS
         W/O PRAHLAD SARMA, RESIDENT OF VILLAGE GANDHIYA, PS BELSOR,
         DIST NALBARI, ASSAM, 781304

         2:MISS MADHUSMITA DEVI
          D/O PRAHLAD SARMA

         RESIDENT OF VILLAGE GANDHIYA
         PS BELSOR
         DIST NALBARI
         ASSAM
         781304
         TO BE REPRESENTED BY HER MOTHER RES. NO 1

         3:SRI BIKI SARMA
          S/O PRAHLAD SARMA

         RESIDENT OF VILLAGE GANDHIYA
         PS BELSOR
         DIST NALBARI
         ASSAM
         781304
         TO BE REPRESENTED BY HIS MOTHER RES. NO 1

         4:SRI NABIN CH.BAISHYA
                                                                             Page No.# 2/3

            S/O LATE RAMESWAR BAISHYA.
            R/O VILLAGE HAJO GANESHTOLA.PS HAJO
            DIST KAMRUP ASSAM
            781102 DRIVER

            5:THE STATE OF ASSAM
             REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM

            DEPARTMENT OF HOME

            ASSA

Advocate for the Petitioner   : MS. R D MOZUMDAR, MS. C MOZUMDAR,MR. S P SHARMA

Advocate for the Respondent : MR P NAYAK (R1-3), MR. B GOGOI (R1-3),MS. N BORDOLOI
(R1-3),MR. K K DUTTA (R1-3),MR. D SAIKIA (R1-3)




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

30.10.2024

Heard Ms. R.D. Mozumdar, learned counsel for the appellant and also heard Mr. K.K. Dutta, learned counsel for the respondent Nos.1--3 and Mr. T.R. Gogoi, learned counsel for the newly impleaded respondent No.5.

Pursuant to the direction of this Court dated 22.10.2024, Mr. Gogoi has obtained necessary instruction and place the same before this Court and perusal of the same indicates that Hajo P.S. Case No.289/2007 corresponding to G.R. Case No.368/2007 was charge-sheeted vide Charge-Sheet No.177/2009, dated 30.11.2009, under Section 279/337/338/304(A) IPC and subsequently, the case was disposed of by the learned Trial Court vide judgment and order dated 17.08.2012 and the accused was acquitted.

In view of the issue being raised in this appeal, perusal of the aforementioned record of G.R. Case No.368/2007 is found to be necessary and accordingly, it is provided that Registry shall call for the record of G.R. Case No.368/2007, which has already been Page No.# 3/3

disposed of by the learned Judicial Magistrate First Class, Hajo, vide judgment and order dated 17.08.2012.

List the matter on 03.12.2024.

The documents placed before this Court by Mr. Gogoi, shall part of the record.

Sd/- Robin Phukan JUDGE

Comparing Assistant