Shahnowaz Khan vs The State Of Assam And Anr
2025 Latest Caselaw 4299 Gua

Gauhati High Court

Shahnowaz Khan vs The State Of Assam And Anr on 20 March, 2025

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GAHC010052042025




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

                                 Case No. : Crl.Rev.P./83/2025

            SHAHNOWAZ KHAN
            S/O. LATE ABDUL MUTLIB KHAN, RESIDENT OF TATIPUR,
            KAYASTHAGRAM, P.S. NILAMBAZAR, DIST.- SHRIBHUMI, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP, ASSAM

            2:MUSSTT SALEHA KHANAM CHOUDHURY

             D/O LATE SAZZADUR RAHMAN CHOUDHURY
             R/O. MEHRAB ALI LANE
             WARD NO. 09
             P.S.- SILCHAR
             DISTRICT- CACHAR
             ASSAM

Advocate for the Petitioner   : MR. S P CHOUDHURY, B C PAUL,MS. M BORA,DR. B. C.
BORAH

Advocate for the Respondent : PP, ASSAM,
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                          BEFORE
           HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : 20.03.2025

Heard Mr. S. P. Choudhury, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor for the State respondent No. 1.

This is an application under Section 442 read with Section 438 of BNSS, 2023 against the impugned judgment and order dated 21.01.2025, passed by the learned Sessions Judge, Sribhumi in Criminal Appeal No. 05(1)/2021.

Issue notice to the respondents, returnable within 4 (four) weeks.

Since Ms. N. Das, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of 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.

Petitioner side shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as through usual process within 3 (three) days.

Also, call for the case record of Criminal Appeal No. 05(1)/2021 as well as the scanned copy of the case of record of GR Case No. 94/2017 from the learned Courts below.

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Further, considering the submission made by the learned counsel for the petitioner, operation of the impugned judgment and order dated 21.01.2025, passed by the learned Sessions Judge, Sribhumi in Criminal Appeal No. 05(1)/2021, shall remain stayed/suspended till the next date of listing.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant