Allowed

Baneswar Subedar and 3 Ors. v. Smt. Monima Saikia and Anr.

Gauhati HC22 Oct 2019I.A.(Crl.)/871/2019

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an interlocutory application seeking extension of an interim order to protect petitioners. The Court stayed further execution of criminal proceedings and listed the main revision petition for admission.

What did the court decide?

Extending interim order; staying further execution of proceedings till 05.11.2019; listing revision for admission.

Baneswar Subedar and 3 Ors. Vs Smt. Monima Saikia… — Writ and Judicial Review | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010255602019

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

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Case No. : I.A.(Crl.) 871/2019

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1:BANESWAR SUBEDAR AND 3 ORS.

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S/O LATE LAKHESWAR SUBEDAR, R/O VILL-BALIGAON, P.O.-BALIGAON, P.S.-ROHA, MOUZA-JAGIAL, DIST-NAGAON, ASSAM

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2: SMT. BASANTI SUBEDAR W/O SRI BANESWAR SUBEDAR R/O VILL-BALIGAON P.O.-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM

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3: DIPAK SUBEDAR S/O BANESWAR SUBEDAR R/O VILL-BALIGAON P.O.-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM

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4: AJIT SUBEDAR S/O SRI BANESWAR SUBEDAR R/O VILL-BALIGAON P.O.-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSA

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VERSUS

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1:SMT. MONIMA SAIKIA AND ANR.

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W/O LATE DURGA SAIKIA, R/O VILL-BALIGAON, P.O.-BALIGAON, P.S.ROHA, MOUZA-JAGIAL, DIST-NAGAON, ASSAM

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2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSA

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Advocate for the Petitioner : MR G CHOUDHURY

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Advocate for the Respondent : PP, ASSAM (R2)

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Linked Case : Crl.Rev.P. 232/2019

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1:BANESWAR SUBEDAR AND 3 ORS. S/O LATE LAKHESWAR SUBEDAR R/O VILL-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM

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2: SMT. BASNATI SUBEDAR W/O SRI BANESWAR SUBEDAR R/O VILL-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM

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3: DIPAK SUBEDAR S/O SRI BANESWAR SUBEDAR R/O VILL-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM 4: AJIT SUBEDAR S/O SRI BANESWAR SUBEDAR R/O VILL-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM

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VERSUS

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1:SMT. MONIMA SAIKIA AND ANR. W/O LATE DURGA SAIKIA R/O VILL-BALIGAON P.O.-BALIGAON P.S.-ROHA MOUZA-JAGIAL DIST-NAGAON ASSAM PIN-782001

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2:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM

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Advocate for the Petitioner : MR G CHOUDHURY Advocate for the Respondent : PP ASSAM (R2)

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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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22-10-2019.

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Heard the learned counsel for the petitioner and also the learned counsel for the respondent No.2, who has made his appearance today.

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By this interlocutory application, the revision petitioner of Crl. Revision Petition No.232/2019 has sought for further direction of this Court for extension of the interim order dated 10.06.2019 as well as 31.07.2019, with the submission that the learned trial Court has passed an order dated 18.09.2019, whereby the learned Court has construed that the interim protection period is over and so the Court has again fixed the matter for re-examination of P.W. No.9 on 23.10.2019. Accordingly, prayer has been made to interfere with the said order otherwise the entire petition will be frustrated.

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Upon hearing the matter on behalf of both sides as well as going through the petition, it can be inferred that this Court has already taken up the matter for hearing regarding the impugned order dated 20.05.2019, passed by the trial Court and as in the meantime the learned counsel for the other

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respondent has entered his appearance, in the interest of justice, the interim order should be continued till disposal of the Revision Petition, pending before this Court.

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Accordingly allowing the Interlocutory Application, it is hereby directed that let the Revision Petition be listed on 05.11.2019, for admission hearing.

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Till then, further execution of the aforesaid proceeding pertaining to Sessions Case No.48(N)/2017, pending before the learned Addl. Sessions Judge No.1, Nagaon, is hereby stayed.

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As the matter is fixed before the lower Court by tomorrow, a copy of this order be furnished to the learned counsel for the petitioner, during the course of the day, to place before the learned Court below.

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The I.A. Stands disposed of.

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JUDGE

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Comparing Assistant

Baneswar Subedar and 3 Ors. v. Smt. Monima Saikia and Anr.

Case brief

What is this about?

What did the court decide?

Baneswar Subedar and 3 Ors. v. Smt. Monima Saikia and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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