Crl.Rev.P. 64/2017. Gauhati High Court

Case Number:Crl.Rev.P. 64/2017
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Criminal Revisions against orders passed in trial cases

 
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I N THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

Criminal Revision Petition No. 64/ 2017

SRI KESHAV PANDEY,

SON OF SRI DEVENDRA PANDEY, RESI DENT OF VI LLAGE-NAKARI , WARD NO. 1, P.O-LAKHI MPUR, DI STRI CT-LAKHI MPUR,

ASSAM

......... Petitioner.

- Versus –

THE STATE OF ASSAM .

…….. Respondent.

- BEFORE-

THE HON’BLE MR. JUSTICE HITESH kUMaR SaRMa

For the Petitioner : Mr. I H Barbhuiya.

For the Respondents : Mrs. S Jahan.

Date of hearing & Judgment : 25.05.2017.

JUDGMENT AND ORDER ( ORAL)

Heard Mr. I H Barbhuiya, learned counsel for the petitioner. Also heard Mrs. S Jahan, learned Additional Public Prosecutor appearing for the State.

This is a revision petition under Section 397 read with Section 401 Cr.PC challenging the legality of the order dated 20.01.2017 passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in GR Case No. 2453/ 2015 under Sections 468/ 420/ 379/ 411 I PC read with Section 40/ 41/ 43/ 49 of the Assam Forest Regulation arising out of Boginadi PS Case No. 138/ 2015.

1

I have perused the aforesaid order passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.

The petitioner moved the Court of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, in view of the direction passed by this Court in Criminal Revision No. 143/ 2016. The impugned order passed by the learned Chief Judicial Magistrate makes it appear that he got the timbers examined and there was discrepancies in respect of the number of the timbers. At the same time, the order indicated that the timbers are in a decaying stage lying outside the Police Station. I nspite of the fact that the I nvestigating Police Officer reported to the Court that there is a confiscation proceeding likely to be taken up by the Forest Department yet no instance is there on the record suggesting any such move by the Forest Department is brought to the notice of this Court during...

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