Disposed

Amitesh Ghosh @ Raja Ghosh v. the State of Assam and Anr.

Gauhati HC7 Jan 2022I.A.(Crl.)/105/2020

Case brief

AI extract

What is this about?

The court stayed further proceedings in GR Case No. 738/2012 and execution of the warrant of arrest pending adjudication of the petitioner's pending revision petition against an appellate order, disposing of the interlocutory application.

What did the court decide?

Stay of further proceedings of GR Case No. 738/2012 and execution of warrant of arrest pending revision adjudication.

Amitesh Ghosh @ Raja Ghosh Vs the State of Assam… — Writ and Judicial Review | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010012352020

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

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Case No. : Crl.Rev.P./28/2020

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AMITESH GHOSH @ RAJA GHOSH S/O- LATE ANIMESH GHOSH, R/O- WARD NO. 1, DHUBRI TOWN, P.S, P.O AND DIST- DHUBRI, ASSAM.

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VERSUS

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

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2:MALA GHOSH W/O- SRI GOBINDA GHOSH R/O- WARD NO. 4 SURJYAKANTA P.O AND P.S- BILASIPARA DIST- DHUBRI ASSAM, PIN- 7

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Advocate for the Petitioner : MR E HUSSAIN

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Advocate for the Respondent : PP, ASSAM

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Linked Case : I.A.(Crl.)/105/2020

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AMITESH GHOSH @ RAJA GHOSH S/O- LATE ANIMESH GHOSH R/O- WARD NO. 1 DHUBRI TOWN P.S., P.O. AND DIST.- DHUBRI ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PUBLIC PROSECUTOR

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Page No.# 2/2

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ASSAM

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2:MALA GHOSH W/O- SRI GOBINDA GHOSH R/O- WARD NO. 4 SURJYAKHATA P.O. AND P.S. BILASIPARA DIST.- DUHBRI ASSAM, PIN- 78.

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-----------Advocate for : MR A RAHMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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07.01.2022

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Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State of Assam and also the learned counsel for the informant, who has entered her appearance in the main case.

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The petitioner, herein, has sought for protection from arrest, pertaining to the order dated 20.01.2020, passed by the learned trial Court in GR Case No. 738/2012, whereby the learned Court has issued WA due to non-appearance before the Court.

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On perusal of the record, it reveals that the petitioner has challenged the order of the appellate Court before this Court, without remanding the case for trial afresh by the learned trial Court and the same is pending before this Court.

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That being so, till adjudication of the revision, let the further proceeding of GR Case No. 738/2012 as well as the execution of the warrant of arrest shall remain stayed, until further order(s).

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Interlocutory Application stands disposed of.

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JUDGE

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Comparing Assistant

Amitesh Ghosh @ Raja Ghosh v. the State of Assam and Anr.

Case brief

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Amitesh Ghosh @ Raja Ghosh v. the State of Assam and Anr.

Case brief

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