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2011 Supreme(Gau) 350

P.K.MUSAHARY
Altaf Hussain @ Alta Hussain – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:M.H. Rajborbhuiyan, R. Chetri and L. Das, Advocates
For Respondents/Defendant: B.B. Gogoi, Addl. P.P.

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. M.H. Rajbjorbhuyan, learned Counsel for the Petitioner and also heard Mr. B.B. Gogoi, learned Addl. P.P. Assam for the opposite party.

2. Orders dated 29-11-2010 and 03-12-2010 passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 150 of 2009 are under challenge in this Criminal Revision Petition. How the aforesaid two orders were passed, a brief story of the prosecution needs to be stated.

3. An FIR was lodged against the present Petitioner to the effect that on 13-10-2009 at around 8.00 P.M., the Petitioner and other accused persons kidnapped the informant's minor daughter who could not be traced out in spite of search made. The police registered the case as Katigoarh P.S. Case No. 65/09 under Sections 366(A)/376 IPC and after investigation charge sheet was laid against the Petitioner under Section 366(A)/376 IPC. The case being committed to the learned Court of Sessions, Silchar, was registered as Sessions Case No. 150/09, and in the meantime, victim girl, got married to some body at Hailakandi.

4. The learned Sessions Judge framed charge under the said sections against the present accused-Petitioner and the trial commence



















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