Crl.Rev.P. 154/2017. Gauhati High Court

Case Number:Crl.Rev.P. 154/2017
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Criminal Revisions against orders passed in trial cases

 
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IN THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH)

Criminal Revision Petition No. 154 of 2017

Bhabesh Sarmah,

S/O Chandra Nath Sarmah, Village-Panjabari, Mango Road,

P.O. Panjabari, Guwahati,

Dist. Kamrup (M), Assam-37.

----- Petitioner .

– VERSUS –

  1. The State of Assam.

  2. Omar Ali,

    S/O Bachu Seikh, Villaage-Khakjani, P.O. Khanhimuli,

    Dist. Darrang (Assam), Pin. 784125.

    ----- Respondents.

    B E F O R E

    Hon’ble mr. Justice HITESH KUMAR SARMA

    Advocates for the petitioner : Mr. K Bhuyan.

    Mr. N Islam.

    Advocate for O.P No. 1 : Ms. S Jahan, Addl. P.P.

    Date of hearing and Judgment & Order : 25th of May, 2017 .

    JUDGMENT & ORDER (oral)

    I have heard Mr. K Bhuyan learned counsel for petitioner and Ms. S Jahan, learned Additional Public Prosecutor, Assam.

  3. This criminal revision petition is directed against the order dated 04-04-2017, passed in CR Case No. 1097/2013, by the learned Additional Chief Judicial Magistrate, Darrang, Mangaldai.

    Crl. Rev. Pet. No. 154 of 2017 Page 1 of 6

  4. The complaint case before learned Additional Chief Judicial Magistrate, Darrang, Mangaldai is against the petitioner/accused for commission of alleged offences under Sections 409/420 of the IPC.

  5. The petitioner, herein, received an amount of Rs. 3,50,000/-from complainant/respondent No. 2 for purchasing a new MF 1035 tractor for him, in presence of witnesses, on 20-12-2010, undertaking to return the money to the complainant/respondent No. 2 with interest, if he fails to supply the tractor to him. The accused/petitioner did not purchase the tractor and misappropriated the money.

  6. The learned Additional Chief Judicial Magistrate, Darrang, Mangaldai, took cognizance of the complaint against the accused/petitioner under Sections 409/420 of IPC and proceeded to examine the witnesses for the complainant/respondent No. 2.

  7. After the complainant/respondent No. 2, as PW1, and some other witnesses, were examined, the complainant/respondent No. 2 filed an application before the learned Additional Chief Judicial Magistrate, Darrang, Mangaldai, being No. 4278/2016, on 19-08-2016, under Section 311 of the Cr.P.C. with a prayer to the Court to re-call and re-examine PW1 as some vital points were inadvertently left to be disclosed during his examination-in-chief.

  8. The petitioner filed objection to the said petition, vide No. 4278/2016. The accused/petitioner prayed the Court to reject the petition under Section 311 Cr.P.C. basically on the ground that (i)...

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