Sri Rupam Das v. the State of Assam and Anr.

Gauhati HC3 Jun 2026Crl.Pet./795/2026

Case brief

AI extract

What is this about?

Gauhati High Court interim order dated 04.06.2026 in Crl.Pet./790/2026 (Girindra Mallick & 4 Ors v. State of Assam & Anr); notice issued; service on respondent No.2 by Speed Post; trial court record called from Additional Sessions Judge (FTC), Cachar, Silchar; further proceedings of Sessions Case No.63/2026 stayed till returnable date; listed after four weeks; Bench: Parthivjyoti Saikia, J.; petitioners' counsel: S C Biswas, K L R Yanthan, J Ghosh; State represented by Addl. P.P. D P Goswami.

What did the court decide?

Interim order: notice issued; further proceedings of Sessions Case No.63/2026 stayed till the returnable date; trial court record called for; matter listed after four weeks. The petition itself was not finally decided. ¶¶30

Sri Rupam Das Vs the State of Assam and Anr. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the further proceedings in Sessions Case No.63/2026 pending before the learned Additional Sessions Judge (FTC), Cachar, Silchar should be stayed pending consideration of the criminal petition.

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Court's answer

As an interim measure, the further proceedings of Sessions Case No.63/2026 pending before the learned Additional Sessions Judge (FTC), Cachar, Silchar were stayed until the returnable date.

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Ratio / Principle

Notice was ordered to be issued in the petition.

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Key takeaways

No formal notice was required to be sent to respondent No.1 (the State of Assam) because Mr. Goswami, the Additional Public Prosecutor, accepted notice on its behalf; an extra copy of the petition was to be provided to him the same day.ratio¶¶24
The petitioners were directed to take steps for service of notice upon respondent No.2 by Speed Post.ratio¶¶25
The scanned copy of the trial court record was called for from the Court of the learned Additional Sessions Judge (FTC), Cachar, Silchar.ratio

Detailed headnote1 paragraphs

Gauhati High Court (Parthivjyoti Saikia, J.), Criminal Petition Crl.Pet./790/2026 — Girindra Mallick & 4 others v. The State of Assam & Anr (Sri Babul Koiri) — Order dated 04.06.2026: Notice ordered; no formal notice to respondent No.1 (State of Assam) as the learned Additional Public Prosecutor, Mr. D P Goswami, accepted notice; petitioners directed to serve respondent No.2 by Speed Post; scanned copy of the trial court record called for from the Court of the learned Additional Sessions Judge (FTC), Cachar, Silchar; further proceedings of Sessions Case No.63/2026 stayed till the returnable date; matter listed after four weeks. Interim order only; no final determination on merits.

Page No.# 1/3

GAHC010105982026

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

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Case No. : Crl.Pet./790/2026

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GIRINDRA MALLICK AND 4 ORS

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S/O- LATE SUKLAL MALLICK, R/O- VILL- SADAGRAM, P.O. DHALAI BAZAR, P.S. DHALAI, DIST- CACHAR, ASSAM, PIN-788114.

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2: SUBRATA MALLIK S/O- GIRINDRA MALLIK R/OVILL- SADAGRAM P.O. DHALAI BAZAR P.S. DHALAI DIST- CACHAR ASSAM PIN-788114.

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3: ADHIR KUMAR LASKAR S/O- LATE ASHWINI KUMAR LASKAR R/O- VILL- MAHA DEVPUR P.O. MAHA DEVPUR P.S. DHALAI PIN-788114 DIST- CACHAR ASSAM.

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4: SUSHANTA BARMAN S/O- SUPENDRA BARMAN R/O- VILL P.O. JIBANGRAM P.S. DHALAI DIST- CACHAR ASSAM PIN788114.

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5: M SAMAMRENDRA SINGHA S/O- M. PABANG SINGHA R/O- VILL- RONGPUR PART-I P.O. RONGPUR

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Page No.# 2/3

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DIST- CACHAR ASSAM PIN- 788009

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM, GAUHATI HIGH COURT, GUWAHATI-1.

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2:SRI BABUL KOIRI S/O- LATE SHIV NARAYAN KOIRI R/O- VILL- SADARGRAM P.O. DHALAI BAZAR P.S. DHALAI DIST- CACHAR ASSAM PIN-788114

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Advocate for the Petitioner : MR. S C BISWAS, MS. K L R YANTHAN,MS. J GHOSH

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 04.06.2026

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Heard Mr. S C Biswas, the learned counsel appearing for the petitioners. Also heard Mr. D P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam.

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Issue notice.

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No formal notice is required to be sent to the respondent No.1 as because Mr. Goswami has accepted notice on behalf of the said respondent. However, extra copy of the petition shall be provided to him during the course of the day.

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The petitioners shall take steps for service of notice upon the respondent No.2 by Speed Post.

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Also call for the scanned copy of the trial court record from the Court of the learned

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Additional Sessions Judge (FTC), Cachar, Silchar.

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List after four weeks.

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It is hereby directed that till returnable date, the further proceeding of Sessions Case No.63/2026 pending in the Court of the learned Additional Sessions Judge (FTC), Cachar, Silchar shall remain stayed.

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JUDGE

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Comparing Assistant

Sri Rupam Das v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Sri Rupam Das v. the State of Assam and Anr.

Case brief

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What did the court decide?

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What the court decided

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