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2024 Supreme(Online)(GAU) 13606

HIGH COURT OF GAUHATI
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ASHISH DUTTA – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


ORDER

10.12.2024 Heard Mr. B. M. Choudhury, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent No.1 and Mr. M. Biswas, learned counsel for the respondent No.2.

2. This application is filed under Section 482 of the Code of Criminal Procedure, 1973, read with Section 397 of Cr.P.C., praying for the quashing of the impugned Order dated 16.12.2023 passed by the learned Sessions/Special Judge, Calchar, Silchar, in Criminal Revision No. 117/2023, affirming the impugned Order dated 20.06.2023, passed by the learned Additional Chief Judicial Magistrate, Cachar, Silchar, in N.I. Case No. 151/2020.

3. It is submitted by the learned counsel for the petitioner, Mr. Choudhury, that after the closure of evidence of the P.Ws, the learned Trial Court recorded the statement of the present petitioner under Section 313 of the Cr.P.C. After the recording of the petitioner's statement, a petition was filed by respondent No. 2/complainant under Section 311 of the Cr.P.C., seeking to recall the witnesses for the purpose of producing a document that came to light during the cross-examination of the complainant's evidence. He further

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