Petitioners sought leave to withdraw criminal petition with liberty to approach lower court. Court allowed withdrawal with liberty to approach.
Leave to withdraw this petition with liberty to approach the learned Court below allowed. Petition disposed of on withdrawal.
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GAHC010037242019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 232/2019
1:RAKESH DEBNATH AND ANR.
S/O SRI GOBORDHAN DEBNATH, R/ O VILL-DAKHIN GORUAJHAR, P.O.GORUAJHAR, P.S.-PANERY, DIST-UDALGURI, ASSAM
2: DIPANKAR SARKAR S/O LATE DILIP SARKAR R/O VILL-TANGLA NABINPALLY NO.1 P.O. AND P.S.-TANGLA DIST-UDALGURI ASSA
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MISS RINKU DAS D/O SRI NIRANJAN DAS VILL-TANGLA WARD NO. 1 VIVEKANANDA PALLY P.O. AND P.S.-TANGLA DIST-UDALGURI (BTAD) ASSAM PIN
Advocate for the Petitioner : MR. S NATH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
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ORDER
Date : 08-03-2019
Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned
APP, Assam, appearing for the State.
Mr. Dhar submits that although his grievance is on account of the fact that no ingredient of an offence punishable under Section 365/376 (D)/307 of the IPC read with Section 6 of POCSO has been made out based on the materials on record. As such, he would like to agitate the said issue before the learned trial Court before approaching this Court. Mr. Dhar, therefore, prays for leave to withdraw this petition with liberty to approach the learned Court below.
Prayer allowed.
Criminal petition stands disposed of on withdrawal with liberty as prayed for.
If the petitioner continues to remain aggrieved after the matter is considered by the learned
trial Court, it would be open for him to approach this Court afresh.
JUDGE
Sukhamay
Comparing Assistant
1 issue framed by the court
Whether to grant leave to withdraw the criminal petition along with liberty to approach the learned trial court
Rakesh Debnath and Anr.
The State of Assam and Anr.
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
