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Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 15 July, 2024

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                      Page No.# 1/3

GAHC010039862024




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

                           Case No. : Crl.Pet./216/2024

         MANASH MOHAN AND 3 ORS.
         S/O LATE HEMA KANTA MOHAN,
         PERMANENT R/O HOUSE NO. 1, ARUNUDAYA PATH, VIP ROAD, SIXMILE,
         P.S.- DISPUR, P.O.- KHANAPARA, PIN- 781022, DIST.- KAMRUP (M), ASSAM.

         2: LONIMA MOHAN
         W/O LATE HEMA KANTA MOHAN

         PERMANENT R/O HOUSE NO. 1
         ARUNUDAYA PATH
         VIP ROAD
         SIXMILE
         P.S.- DISPUR
         P.O.- KHANAPARA
         PIN- 781022
         DIST.- KAMRUP (M)
         ASSAM.

         3: BHASKAR JYOTI MOHAN @ BHASKAR MOHAN
          S/O LATE HEMA KANTA MOHAN

         PERMANENT R/O HOUSE NO. 1
         ARUNUDAYA PATH
         VIP ROAD
         SIXMILE
         P.S.- DISPUR
         P.O.- KHANAPARA
         PIN- 781022
         DIST.- KAMRUP (M)
         ASSAM.

         4: BIBLY LAHON @ BIBLY LAHON MOHAN @ BIBRILI LAHON
         W/O BHASKAR JYOTI MOHAN
                                                                                   Page No.# 2/3

            PERMANENT R/O HOUSE NO. 1
            ARUNUDAYA PATH
            VIP ROAD
            SIXMILE
            P.S.- DISPUR
            P.O.- KHANAPARA
            PIN- 781022
            DIST.- KAMRUP (M)
            ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM.

            2:ELAKHEE CHANGMAI
            W/O MANASH MOHAN

            D/O RAMEN CHANGMAI

            R/O FLAT NO. 1/C
            PUBERUN APARTMENT RUPKONWAR PATH
            CHACHAL ROAD
            P.S.- DISPUR
            P.O.- KHANAPARA
            PIN- 781022
            DIST.- KAMRUP(M)
            ASSAM

Advocate for the Petitioner   : MS. S G BARUAH

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                           ORDER

15-07-2024 Heard Ms. S G Baruah, learned counsel for the petitioners and Mr. D Das, learned Additional Public Prosecutor, Assam for the respondent No. 1. Also heard Mr. F Khan, learned counsel for the respondent No. 2.

Ms. S G Baruah, learned counsel for the petitioners submitted that in this petition she has Page No.# 3/3 inadvertently mentioned Misc. (DV) Case No. 176/2023 pending before the Court of the learned SDJM No. 2, Kamrup (Metro), Guwahati that has been actually registered as DV Case No. 176/2023.

The Court by order dated 27.02.2024 called for the scanned copy of the records of said Misc. (DV) Case No. 176/2023 from the Court of the learned SDJM No. 2, Kamrup (Metro), Guwahati, which has already been received by the Registry.

On perusal of the same, it is seen that the application of the respondent No. 2 filed under Sections 12/18/19/20/22/23 under the provisions of the Protection of Women from Domestic Violence Act, 2005 before the Court of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati against the petitioner Nos. 1 to 4 was registered as DV Case No. 176/2023 and it was transferred to the Court of the learned SDJM No. 2, Kamrup (Metro), Guwahati for necessary consideration and disposal, wherein notice was issued to the present petitioners on 31.10.2023.

As such, Misc. (DV) Case No. 176/2023 mentioned in this petition be read as DV Case No. 176/2023, instead of Misc. (DV) Case No. 176/2023, which is presently pending before the learned SDJM No. 2, Kamrup (Metro), Guwahati.

List tomorrow, i.e., 16.07.2024 for Admission.

JUDGE Comparing Assistant