Citation : 2025 Latest Caselaw 5380 Gua
Judgement Date : 16 June, 2025
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GAHC010128332025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./682/2025
DR REEMA BODO
WIFE OF HIRA GOGOI,
PRESENT RESIDENTIAL ADDRESS
R/O THE TERRACE APARTMENT, 4-A, JAYANAGAR CHARIALI, BELTOLA,
BASISTHA, DIST. KAMRUP, ASSAM
OFFICIAL ADDRESS-
SR. MEDICAL AND HEALTH OFFICER,
O/O THE JOINT DIRECTOR, HEALTH (MALARIA) KAMRUP (M), ASSAM
SAIKIA COMMERCIAL COMPLEX, SREENAGAR PATH,
G.S. ROAD, GUWAHATI-05, P.S. DISPUR, DIST. KAMRUP (M), ASSAM
RESIDENTIAL ADDRESS- MEGHMALLAR HOUSE, FLAT NO. 101, N.N.
BARUAH LANE, RUKMINIGAON, P.S. DISPUR, DIST. KAMRUP (M), ASSAM
VERSUS
KRISNA BAYAN DAS
WIFE OF PUPAJIT KR DAS, RESIDENT OF VILLAGE SIMANTAPUR, WARD
NO. 13, P.S. BARPETA,
DIST. BARPETA, ASSAM
Advocate for the Petitioner : MD. M H CHOUDHURY, R. BARUAH,TANZIM L.
CHOUDHURY,MR. S N AHMED,MR. P CHAKRABORTY,MR MONZUR K CHOUDHURY,MS. D
J BORAH
Advocate for the Respondent : ,
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BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
16.06.2025
Heard Mr. M.H. Choudhury, learned Senior Counsel assisted by Ms. D.J. Borah, learned counsel for the petitioner.
This is an application under Section 528 of BNSS, 2023 seeking inter alia for setting aside of the Order dated 20.05.2025 passed in Criminal Appeal Case No. 33 of 2025 by the learned Addl. Session Judge, Barpeta. As far as the condition of depositing in the Court, an amount of Rs. 20% of the compensation awarded by the learned Court belowis concerned and the Judgment & Order dated 22.04.2025 passed in the said N.I. Case No. 71/2018 by the learned CJM, Barpeta, whereby the petitioner is sentenced to go simple imprisonment for 6 months and to pay a compensation of Rs. 15,00,000 (Fifteen lakh).
Issue notice, returnable in three (3) weeks.
Call for the records from the Trial Court as well as the Appellate Court.
Steps be taken for service of notice upon the respondent by registered post with A/D within a period of three (3) days from today.
Re-list the matter after three (3) weeks on a date to be fixed by the Registry.
JUDGE
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