Sudip Paul And 2 Ors vs The State Of Assam And Anr on 30 October, 2019

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Gauhati High Court

Sudip Paul And 2 Ors vs The State Of Assam And Anr on 30 October, 2019

Bench: Rumi Kumari Phukan

                                                                 Page No.# 1/3

GAHC010236422019




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

                         Case No. : Crl.Pet. 1143/2019

         1:SUDIP PAUL AND 2 ORS.
         S/O LATE SUDHANGSHU PAUL, R/O JANIGANJ, SILCHAR TOWN, P.S.-
         SILCHAR, DIST-CACHAR, ASSAM, PIN-788001

         2: SANJAY PAUL @ KUNTAL PAUL
          S/O SRI SANTOSH PAUL
          R/O JANIGANJ
          SILCHAR TOWN
          P.S.-SILCHAR
          DIST-CACHAR
         ASSAM
          PIN-788001

         3: RUPAK PAUL
          S/O LATE RABINDRA CHANDRA PAUL
          R/O LOCHAN BAIRAGI ROAD
          BILPAR
          SILCHAR TOWN
          P.S.-SILCHAR
          DIST-CACHAR
         ASSAM
          PIN-78800

         VERSUS

         1:THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

         2:SMT. REKHA PAUL
         W/O LATE BIJOY KRISHNA PAUL
          R/O JANIGANJ
          SILCHAR TOWN
          P.S.-SILCHAR
          DIST-CACHAR
                                                                                     Page No.# 2/3

             ASSAM
             PIN-78800

Advocate for the Petitioner   : MR. B M CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

                                            ORDER

Date : 30-10-2019 Heard Mr. BM Choudhury, learned counsel for the petitioners and Mr. BB Gogoi, learned Addl. P.P. 3 petitioners are facing the trial pertaining to G.R. Case No. 4421/2008 while the case was at the stage of judgment, learned trial court vide its order dated 16.08.2019 formed an opinion that there is prima facie material against the accused-petitioners under Section 304 IPC instead of Section 304-A IPC.

Now the learned counsel for the petitioners has contended that at the initial stage while the case was charge-sheeted under Section 304 IPC, the learned Assistant Sessions Judge, Cachar, Silchar framed charge under Section 304-A IPC and remitted the case to the court of Chief Judicial Magistrate for trial but again at the conclusion of hearing, the learned trial court has formed an opinion as mentioned above, which is stated to be bad in law, there being no such evidence on record holding such an opinion.

I have gone through the documents annexed and considered the submission of learned counsel for both sides.

Let a Notice be issued upon the respondent No.2 by registered post and usual process. Returnable by 3 weeks.

Extra copy be furnished to the learned Addl. P.P. representing the respondent No.1. Call for the scan copy of LCR pertaining to G.R. Case No.4421/2008 from the court of learned Chief Judicial Magistrate, Cachar, Silchar along with Case Diary of Silchar PS Case No. 2374/2008.

Page No.# 3/3 Till the returnable date, operation of the impugned order dated 16.08.2019 passed by the learned Chief Judicial Magistrate, Cachar, Silchar in G.R. Case No. 4421/2008 is hereby stayed.

List after 3 weeks.

JUDGE milansinha Comparing Assistant

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