Gauhati High Court
Diganta Barah vs The State Of Assam And Anr on 18 March, 2019
Page No.# 1/2
GAHC010058742019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 296/2019
1:DIGANTA BARAH
S/O. LT. JONARAM BARAH, R/O. QUARTER NO. A-4, ZONE-II, POLICE
HOUSING COMPLEX, DGP OFFICE CAMPUS, ULUBARI, GUWAHATI-781007,
KAMRUP (M), ASSAM.
VERSUS
1:THE STATE OF ASSAM AND ANR.
REP. BY PP, ASSAM.
2:SMT. BARASHA BORAH BORDOLOI
W/O. SRI DHARANI BORDOLOI
R/O. BAIRAGIMOTH
P.O. AND P.S. DIBRUGARH
DIST. DIBRUGARH
ASSAM-786001
Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 18-03-2019 Heard Mr. K.N. Choudhury, learned senior counsel for the petitioner. This application under section 482 read with section 401 Cr.P.C. has been filed for quashing the order dated 28-04-2016 passed by learned Addl. Chief Judicial Magistrate, Page No.# 2/2 Dhubri in C.R. Case No. 263/2016 as well as the proceeding in the said C.R. Case.
It is submitted by the learned senior counsel for the petitioner that in the meantime, two of the accused persons have already approached this Court u/s 482 Cr.P.C. and this Court while issuing notice in Criminal Petition No. 1095 of 2018 and Criminal Petition No. 1179 of 2018, stayed the proceeding. Accordingly, let notice be issued, returnable within four weeks.
The petitioner to take steps for notice on respondent Nos. 2 by registered post with A/D and also by usual process within seven days.
As the learned Addl. Public Prosecutor, Mr. B.B.Gogoi has entered appearance and accepted notice for the respondent No. 1, no formal notice need to be sent to respondent No.
1. However, an extra copy of the petition be furnished to him during the course of the day.
Till returnable date, further proceeding in the aforementioned C.R. Case shall remain stayed.
Henceforth, this Criminal Petition shall be listed along with Criminal Petition No. 1095 of 2018 and Criminal Petition No. 1179 of 2018.
JUDGE Comparing Assistant