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Basanta Kumar Mishra vs The State Of Assam And Anr on 3 May, 2019

Page No.# 1/2

GAHC010092682019

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

Case No. : Crl.Pet. 451/2019

1:BASANTA KUMAR MISHRA
S/O LT. BHABANI MISHRA, R/O VILL. BARBHITHA, BELSOR, P.O. BELSOR
NALBARI, P.S.- BELSOR, DIST.-NALBARI, ASSAM

VERSUS

1:THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM

2:RANJIT MISHRA
NOW THE PRESENT DOLOI SRI SRI BILLESWAR DEVALAYA
BELSOR
BARBHITHA
NALBARI
PIN-781

Advocate for the Petitioner : MR. R J DAS

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM

ORDER

03.05.2019
Heard Mr. N. Baruah, learned counsel for the petitioner. I have also heard

Mr. B. B. Gogoi, learned Addl. P.P., Assam, appearing for the State.

This revision petition has been filed assailing the order dated 25.03.2019
Page No.# 2/2

passed by the learned Additional Chief Judicial Magistrate, Nalbari framing

charge under Section 406 IPC against the petitioner in connection with PRC

Case No.281/2018.

Mr. Baruah submits that there is no material available on record so as to

enable the court below to frame charge against the petitioner. Mr. Baruah

further submits that the order dated 25.03.2019 framing charge is vitiated by

complete non-application of mind.

Issue notice returnable on 10.06.2019.

Since the respondent No.1 is already represented by Mr. B.B.Gogoi,

learned Addl. P.P., Assam, no formal notice is required to be sent to the said

respondent. Petitioner to take steps for service of notice upon the respondent

No.2 by registered post with A/D as well as by usual process within a week from

today.

Heard on the prayer of interim relief.

Considering the materials brought on record and the submission made by

the learned counsel for the petitioner, it is hereby provided that further

proceeding in connection with PRC Case No.281/2018 pending in the court of

learned Additional Chief Judicial Magistrate, Nalbari shall remain suspended till

the returnable date.

A scanned copy of the LCR be summoned by the Registry.

JUDGE

Comparing Assistant

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