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GAUHATI HIGH COURT
, J
Sri Bharat Ch. Haloi – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. evidence and ownership relation to complicity. (Para 2 , 3 , 4 , 6) |
| 2. arguments against invoking s.319. (Para 7 , 9) |
| 3. judicial standards for s.319 invocation. (Para 10 , 11 , 12) |
| 4. impugned order and judicial scrutiny. (Para 13) |
| 5. final judgment on legality and liberty. (Para 14 , 15 , 16 , 17 , 18) |
1. Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
2. In this petition, under S.482 of the Code of Criminal Procedure, 1973 , the petitioner, namely, Sri Bharat Ch. Haloi has put to challenge the order dated 24.05.2019, passed by the learned Addl. Sessions Judge, Bajalil, in Sessions Case No.43/2018. It is to be noted here that vide the impugned order dated 24.05.2019, the learned Court below has invoked the jurisdiction under S.319 of the Cr.P.C. and taken cognizance of the offence under S.489 - B / 489 - C / 34 of the IPC, against petitioner Bharat Ch. Haloi in Sessions Case No.43/2018.
3. The factual background of filing of the present petition is briefly stated as under:
"In connection with the GDE No.165, dated 08.07.2016, ASI Pabitra Kumar Kalita of Bhaban
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