Pabitra Bora vs The State Of Assam And 3 Ors
2025 Latest Caselaw 1837 Gua

Gauhati High Court

Pabitra Bora vs The State Of Assam And 3 Ors on 8 January, 2025

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GAHC010251022024




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

                          Case No. : Crl.Rev.P./482/2024

         PABITRA BORA
         S/O DULAL CH. BORA
         R/O CHENIJAN, P.O AND P.S. TEOK
         DIST.JORHAT,ASSAM, PIN-785112



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REP. BY THE LEARNED PP, ASSAM

         2:SRI RAJU BORA
          S/O SRI SOMESWAR BORA

         R/O KAKODONGA
         CHUMANI GAON

         P.O. CHUMANI GAON
          P.S. DERGAON
         DIST. GOLAGHAT
         ASSAM
         PIN- 785626

         3:SMTI. AMIYA BORA
          W/O SRI SOMESWAR BORA
         R/O KAKODONGA
          CHUMANI GAON
         P.O. CHUMANI GAON
          P.S. DERGAON
          DIST. GOLAGHAT
         ASSAM
          PIN-785626
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            4:SRI SOMESWAR BORA
             S/O LATE GHANASHYAM BORA
            R/O KAKODONGA
             CHUMANI GAON

            P.O. CHUMANI GAON
             P.S. DERGAON

            DIST. GOLAGHAT
            ASSAM
            PIN- 78562

Advocate for the Petitioner   : MR D J BORO, MR N Z CHOUDHURY,MR. A R BHUYAN

Advocate for the Respondent : PP, ASSAM,




                          BEFORE
           HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                       ORDER

Date : 08.01.2025

Heard Mr. A. R. Bhuyan, learned counsel appearing on behalf of the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent No. 1.

Mr. Bhuyan, learned counsel appearing on behalf of the petitioner, submitted that he has already filed his vakalatnama today itself, however his name is not reflected in the Cause List.

This is an application under section 438 read with Section 442 of the BNSS, 2023 against the judgment and order dated 30.09.2024, passed by the learned Additional Sessions Judge, Golaghat in Criminal Appeal No. 64/2019, Page No.# 3/3

whereby the appeal was dismissed and the judgment and order dated 13.11.2019, passed by the learned Assistant Sessions Judge, Golaghat in Sessions Case No. (93/2015) 25/2015, was uphold.

Issue notice to the respondents, returnable within 12.02.2025.

Since Ms. Bora, learned Additional Public Prosecutor has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, she shall be provided with requisite extra-copy of the petition, if not already furnished, during the course of the day.

Steps for service of notice upon respondent Nos. 2, 3 & 4 be taken through registered post with A/D as well as by usual process within a week from today.

Also, call for the LCR.

Registry to also reflect the name of Mr. A. R. Bhuyan, learned counsel for the petitioner, in the Cause List.

List the matter on 12.02.2025.

JUDGE

Comparing Assistant