Nakul Hazarika And 2 Ors vs The State Of Assam And Anr on 29 April, 2019

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Gauhati High Court

Nakul Hazarika And 2 Ors vs The State Of Assam And Anr on 29 April, 2019

Bench: Suman Shyam

                                                                  Page No.# 1/3

GAHC010088022019




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

                                 Case No. : Crl.Pet. 442/2019

            1:NAKUL HAZARIKA AND 2 ORS.
            S/O LATE GUNA KANTA HAZARIKA, R/O C/O DISTRICT VETERINARY
            OFFICE, KHONSA, DIST-TIRAP, ARUNACHAL PRADESH

            2: SMTI. ANU HAZARIKA
            W/O SHRI NAKUL HAZARIKA
             R/O C/O DISTRICT VETERINARY OFFICE
             KHONSA
             DIST-TIRAP
            ARUNACHAL PRADESH

            3: SMTI. MONIKA HAZARIKA
            W/O LATE DIPAK HAZARIKA
             R/O SAMAGURI BHARALI GAON
             DIST-NAGAON
            ASSA

            VERSUS

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

            2:SMTI. EKU TANA HAZARIKA
            W/O SRI DIPANKAR HAZARIKA
             R/O HARMOTI
             GUTIBARI
             P.S.-LALUK
             DIST-LAKHIMPUR
             PIN-78416

Advocate for the Petitioner   : MR. M SARMA

Advocate for the Respondent : PP, ASSAM
                                                                                     Page No.# 2/3




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

Date : 29-04-2019 Heard Mr. M. Sarma, learned counsel for the petitioner. Aggrieved by the order dated 24-01-2019 passed by the court of SDJM(S), North Lakhimpur, Lakhimpur issuing notice in connection with Misc. Case (DV) No. 04/2019, Mr. Sarma submits that the grievance of the complainant is against her husband and the complaint has not alleged anything against the petitioners who are her in-laws. Notwithstanding the same, the present petitioners have been impleaded as respondent Nos. 2 to 4 in Misc. Case (DV) No. 04/2019 and learned court below has issued notice for their appearance in the matter.

I have perused the grounds taken in the petition and have also considered the arguments advanced by the learned counsel for the petitioners.

Issue notice returnable on 10-06-2019.

Since Mr. B.B. Gogoi, learned Addl. P.P. Assam has accepted notice on behalf of respondent No. 1, no formal notice is required to be sent to the said respondent.

However, petitioners to take steps for service of notice upon the respondent No. 2 by registered post with A/D. Steps within a week from today.

Also heard on the prayer of interim relief.

Page No.# 3/3 Considering the facts and circumstances of the case in its entirety, it is hereby provided that appearance of the petitioners herein, who are respondent Nos. 2, 3 and 4 in Misc. Case (DV) No. 04/2019, shall remain dispensed with till the returnable date.

List again on 10-06-2019.

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