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2011 Supreme(Gau) 6

H.N.SARMA
Md. Ali Newaz, Son of Late Iman Ali – Appellant
Versus
State of Assam and Mustt. Hazira Khatun W/o Md. Jahur Ali – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M.A. Shiekh, Adv.
For Respondents/Defendant: B. Gogoi, Public Prosecutor and S. Rahman, Adv.

JUDGMENT

H.N. Sarma, J.

1. Challenging the legality ,validity and justifiability of the impugned order dated 13.7.2010 passed in Sessions Case No. 39(N)/09 by the learned Addl. District Sessions Judge, (FTC), Sankardev Nagar Hojai, the accused Petitioner has filed this revision petition under Section 401 of the CrPC.

2. Heard Mr. M. A. Sheikh, learned Counsel appearing for the accused/Petitioner. Also heard B. Gogoi, learned Addl. Public Prosecutor for the State of Assam and Mr. S. Rahman, learned Counsel appearing for the informant/victim.

3. The accused/Petitioner is facing trial of a sessions case filed by the Respondent No. 2, alleging commission of offence punishable Under Section 447/376 IPC, on the basis of a complaint filed by the Respondent No. 2.

4. Initially the complaint was filed in the court of the learned SDJM, Hojai and upon receipt of the complaint, the learned SDJM recorded the statements of the complainant and her witnesses under 202 Code of Criminal Procedure and upon perusal of the statements and having found that a prima facie case triable by the court of sessions has been made out, committed the case to the court of sessions for necessary trial. The learned Addl.























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