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2008 Supreme(Gau) 121

H.N.SARMA
Nazrul Islam – Appellant
Versus
State of Assam – Respondent


JUDGMENT

H.N. Sarma, J.

1. Challenging the legality and validity of the impugned order dated 27.11.07 passed in GR. Case No. 1721/04 by the learned Judicial Magistrate, 1st Class, Guwahati by which P/A was directed to be issued against the petitioner, the present revision petition has been filed.

2. To put in short, the relevant facts, necessary for the purpose of adjudication of the point involved and having relevance to the present case, are that the accused/petitioner is on the basis of an FIR of the Dispur Rs. Case No. 352/04 was registered against the police. After investigation of the case, the investigating officer having found prima-facie case submitted the charge sheet against him under Section 143/447/323/506 IPC along with another co-accused.

3. On receipt of the charge sheet the learned trial court, directed to issue summon to the accused person vide order dated 10.1.07 fixing 15.3.07 for appearance. On 15.3.07 prayer for adjournment of the case having been made on behalf of the accused, the court fixed the case on 20.4.07 allowing the prayer. On that date also the such prayer for adjournment was repeated on 8.5.07. On 16.5.07, the other co-accused appeared and was allowed




















































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