Smti Munni Das vs Sri Ananta Dutta And 2 Ors
2025 Latest Caselaw 1144 Gua

Gauhati High Court

Smti Munni Das vs Sri Ananta Dutta And 2 Ors on 19 July, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                         Page No. 1/3

GAHC010146462025




                                                                 undefined

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
                                 Case No. : Crl.A./240/2025

            SMTI MUNNI DAS
            W/O LATE SUBRATA DAS, R/O KATHIGORA UNDER KATHIGORA POLICE
            STATION IN THE DIST. OF CACHAR, ASSAM.

            VERSUS

            SRI ANANTA DUTTA AND 2 ORS
            S/O SRI ARUN DUTTA, R/O KATIGORAH PART III, UNDER KATIGORAH
            POLICE STATION, THE OF DIST. OF CACHAR, ASSAM, PIN 788805

            2:SRI SURANJAN DEY @ HIPLU
             S/O LATE SUKOMOY DEY
             R/O KATIGORAH PART III UNDER KATIGORAH POLICE STATION IN THE
            DIST. OF CACHAR
            ASSAM
             PIN 788805

            3:THE STATE OF ASSAM
             REPRESENTED BY PP
            ASSAM

Advocate for the Petitioner   : MR. B M CHOUDHURY, K. SUMI,MR. U CHOUDHURY
Advocate for the Respondent : PP, ASSAM,

                                  BEFORE
                 HONOURABLE MR. JUSTICE MANISH CHOUDHURY
              HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
                                           ORDER

Date : 19.07.2025 [Manish Choudhury, J.]

Heard Mr. B.M. Choudhury, learned counsel for the appellant and Ms. B. Bhuyan,

learned Senior Counsel & Additional Public Prosecutor assisted by Ms. R. Das, learned counsel for the respondent no. 3.

2. This criminal appeal under the proviso to Section 413, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred against a Judgment and Order dated 29.03.2025 passed by the Court of learned Additional Sessions Judge [FTC], Sribhumi ['the Trial Court', for short] in Sessions Case no. 122/2014. In the trial of Sessions Case no. 122/2014, two charge-sheeted accused persons arrayed herein as the respondent no. 1 and the respondent no. 2 had faced charges for the offences under Section 302, Indian Penal Code [IPC] and Section 201, IPC read with Section 34, IPC. On conclusion of the trial, the Trial Court had acquitted the said two charge-sheeted accused persons from charges under Sections 302/201/34, IPC. Aggrieved thereby and dissatisfaction with the impugned Judgment and Order dated 29.03.2025, the present appeal has been preferred.

3. We have gone through the contents of the memo of appeal.

4. The criminal appeal is admitted for hearing.

5. The case records of Sessions Case no. 122/2014 be called for.

6. Issue notice, returnable in 4 [four] weeks.

7. As Ms. Bhuyan has appeared and accepted notice on behalf of the respondent no. 3, State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the appellant shall, however, be furnished an extra copy of the memo of appeal along with annexures, to Ms. Bhuyan within 3 [three] working days from today.

8. The accused-appellant shall take steps for service of notice upon the respondent nos. 1 & 2 by registered post with A/D as well as by usual process within 3 [three] working days from today.

9. List the case after 4 [four] weeks.

                                            JUDGE     JUDGE




Comparing Assistant