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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH
MANISH CHOUDHURY
Binod Kr. Agarwala, Son of Late Khubchand Agarwala – Appellant
Versus
Ram Borah, Son of Sri Bharat Chandra Borah – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
1. The present criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘the Code’] is preferred taking exception to a Judgment and Order dated 07.08.2012 passed by the Court of learned Sessions Judge, Dibrugarh [‘the Revisional Court’, for short] in Criminal Revision no. 18[2] of 2012.
2. The criminal revision petition, Criminal Revision no. 18[2] of 2012 was preferred by the respondent no. 1 herein against an Order dated 23.04.2012 passed by the Court of learned Chief Judicial Magistrate, Dibrugarh [hereinafter referred to as ‘the Trial Court’, for short], in G.R. Case no. 1781 of 2008. By the Order dated 23.04.2012, the Trial Court upon examination of the materials on record; and after hearing the submissions of the prosecution side and the defence side, proceeded to frame a charge under Section 409 , IPC against the three accused persons. After framing the charge, the charge was read over and explained to the three accused persons. On being read over and explained the charge, the three accused persons pleaded not guilty and claimed to be tried. The Trial Court had also ordered, by t
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