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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY
Rahul Gandhi S/o Late Rajiv Gandhi – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. challenge to proceedings under ipc. (Para 3 , 5 , 6 , 9 , 41) |
| 2. arguments on legal provisions for summoning witnesses. (Para 11 , 12 , 13 , 14 , 19) |
| 3. court's evaluation of procedural application. (Para 22 , 23 , 24 , 27 , 30) |
| 4. discretionary power of magistrate under cr.p.c. (Para 25 , 29 , 34) |
| 5. final orders and directives of the court. (Para 42 , 43) |
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. This matter is specially assigned to this Bench by Hon’ble the Chief Justice in terms of the direction of the Hon’ble Apex Court in Ashwini Kumar Upadhyay Vs. Union of India , 2023 SCC Online SC 1463 since the petitioner herein is a sitting Legislator (Member of Parliament)
2. Heard Mr. A.M. Bora, learned Senior Counsel, assisted by Mr. V.A. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Public Prosecutor, Assam, representing the respondent No. 1 and Mr. B.K. Mahajan, learned counsel with Mr. N. Mahajan, learned counsel for the respondent No. 2.
3. The present application under Section 438 /442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as BNSS ), is filed challenging the impugned judgment and ord
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