Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 2 Ors on 1 September, 2022
Page No.# 1/3
GAHC010132792022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./431/2022
LUTFUR RAHMAN TAPADAR AND ANR
S/ O LATE ABDUL NOOR TAPADAR
R/O PAIKAN, PORGONA- GUMRAH, P.S. KATIGORAH
DIST. CACHAR, ASSAM
2: ABDUL KALAM CHOUDHURY
SON OF LATE ABDUL KHALIQUE CHOUDHURY
R/O VILL- KHELMA PART-II
P.S. KATIGORAH
DIST. CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE LEARNED PP, ASSAM
2:HARADHAN SUKLABAIDYA
S/O LATE BIHARI CHARAN SUKLABAIDYA
R/O VILL- KHELMA PART-VI
P.O. GUMRAH
PO.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788815
3:ALOK ADHIKARI
S/O LATE BHIM ADHIKARI
R/O VILL- NALUGRAM
GUMRAH
P.O. GUMRAH
Page No.# 2/3
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 78881
Advocate for the Petitioner : MR. A M S MAZUMDER
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
01.09.2022.
Legality, propriety and correctness of the judgment and order dated 30.03.2022, passed by the learned Addl. Sessions Judge (FTC), Cachar at Silchar, in Crl. Revision Petition No.22/2021, is challenged in this application filed under Section 401 of the Code of Criminal Procedure, 1973 and article 227 of the Constitution of India.
It is to be noted herein that by the impugned judgment and order, the learned Court below has set aside the order dated 11.06.2020, passed by the learned Addl. District Magistrate, Cachar in Case No.217M/2020, under Section 145/146 CrPC and in Case No.1333M/2016, under Section 144 CrPC.
Heard Mr. AMS Mazumder, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State/respondent No.1.
Perused the petition and the documents placed on record and also the order dated 11.06.2020, passed by the learned Addl. District Magistrate, Cachar at Page No.# 3/3 Silchar and the impugned order dated 30.03.2022, passed by the learned Addl. Sessions Judge (FTC), Cachar at Silchar.
Let notice be issued to the respondent Nos.2 & 3, returnable in 4 (four) weeks.
Steps be taken for service of notice upon respondent Nos.2 & 3, by registered post with A/D as well as by usual process within a week from today.
No formal notice is required to be issued to State respondent No.1, as Mr. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice. However, he shall be provided with requisite extra-copy of the petition during the course of the day.
Call for the records from the Court below.
Till disposal of this Revision Petition, operation of the impugned judgment and order dated 30.03.2022, passed by the learned Addl. Sessions Judge (FTC), Cachar, in Crl. Revision Petition No.22/2021, stands stayed.
List the matter after four weeks.
JUDGE Comparing Assistant