Human Gogoi vs The State Of Assam Ana Anr
2025 Latest Caselaw 2998 Gua

Gauhati High Court

Human Gogoi vs The State Of Assam Ana Anr on 10 February, 2025

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GAHC010021872025




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

                                 Case No. : Crl.Pet./114/2025

            HUMAN GOGOI
            S/O SRI GUPESWAR GOGOI
            R/O SINGIBILL GAON,
            ( 2 NO. LAHON GAON)P.O.SINGIBILL, P.S.
            GALEKEY,
            DIST.SIVASAGAR, ASSAM,
            PN-785640
            MOBILE NO 9365094349



            VERSUS

            THE STATE OF ASSAM ANA ANR.
            REP. BY THE PP, ASSAM

            2:SUNALI TEA INDUSTRIES
             REPRESENTED BY ITS MANAGING PARTNER-
            SRI DURGA PRASADAGARWAL

            S/O LATE DHANPAT RAI AGARWAL

            R/O GELAKEY
            P.O. AND P.S. GELAKEY
            DIST. SIVASAGAR
            ASSAM

            PIN-78564

Advocate for the Petitioner   : MR. P D NAIR, MR S R A NASER,MR. H ROHMAN,MR. A
CHETRY,MR G ALAM

Advocate for the Respondent : PP, ASSAM,
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                                      BEFORE
                    HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                                ORDER

Date : 10.02.2025

Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Additional Public Prosecutor appearing for the respondent No.1.

This application under Section 528 of the BNSS, 2023 impugning the judgment dated 18.11.2024 passed by the learned Sessions Judge, Sivasagar in Criminal Revision No. 33(3)/2023, whereby, the order of the learned Additional Chief Judicial Magistrate dated 05.08.2023 passed in C.R. (NI) Case No. 6/2019 was upheld.

It is pertinent to mention that by the order dated 05.08.2023 passed in C.R.(NI) Case No. 6/2019, learned Additional Chief Judicial Magistrate, Sivasagar had rejected an application filed by the present petitioner under Section 91 of the Code of Civil Procedure praying for directing the complainant to produce the statement of accounts in the month of November, 2016 maintained by the United Bank of India, Galakey branch.

Issue notice to the respondents. Since the learned Additional Public Prosecutor has appeared for the respondent No.1, no formal notice need be issued to the said respondent. As regard the respondent No. 2 is concerned, the petitioner shall take steps for service of notice within 3 (three) days from the date of this order by registered post with A/D as well as by usual mode, returnable on 11.03.2025.

The interim order shall be considered only after issuance of service of notice on the respondent No. 2.

List this matter on 11.03.2025.

JUDGE

Comparing Assistant