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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
1:THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
NOW THE PRESENT DOLOI SRI SRI BILLESWAR DEVALAYA
Advocate for the Petitioner : MR. R J DAS
Advocate for the Respondent : PP, ASSAM
HONOURABLE MR. JUSTICE SUMAN SHYAM
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
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passed by the learned Additional Chief Judicial Magistrate, Nalbari framing
charge under Section 406 IPC against the petitioner in connection with PRC
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
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.