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2024 Supreme(Online)(GAU) 2489

HIGH COURT OF GAUHATI
MR. JUSTICE ROBIN PHUKAN, J
KANGKAN DAS – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


Advocates:
MR D K BHATTACHARYYA, PP, ASSAM

JUDGMENT

18-07-2024 Heard Mr. D.K. Bhattacharyya, learned Counsel for the petitioner and also heard Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent No.1. Also heard Mr. T. Deowri and Mr. D.S. Deka, learned counsel for respondent No. 2.

2. In this petition, under Section 397 read with Section 401 Cr.P.C., the petitioner, namely, Shri Kankan Das, has put to challenge the legality, propriety and correctness of the order, dated 03.02.2024, passed by the learned Sessions Judge, Bajali and also for quashing the entire proceeding of Sessions Case No. 39/2023, pending before the said court. It is to be noted here that vide impugned order, dated 03.02.2024, the learned Sessions Judge, Bajali had framed charge against the petitioner under Section 306 IPC.

3. The background facts, leading to filing of the present revision petition are adumbrated herein below:-

“Shri Dipak Kakati, the respondent No.2, is an inhabitant of Niz-Sathi Samuka village, under Patacharkuchi P.S. Smti. ‘X’ (Name withheld) was his daughter, who had committed suicide on 06.01.2020, at about 12 O’clock at noon, by hanging from a ceiling fan with one ‘gamocha’. His daughter used to talk with Kankan Das, the presen

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