Crl.Rev.P. 154/2017. Gauhati High Court
|Case Number:||Crl.Rev.P. 154/2017|
|Judgement Date:||May 25, 2020|
|Court:||Gauhati High Court|
Criminal Revisions against orders passed in trial cases
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM & ARUNACHAL PRADESH)
Criminal Revision Petition No. 154 of 2017
S/O Chandra Nath Sarmah, Village-Panjabari, Mango Road,
P.O. Panjabari, Guwahati,
Dist. Kamrup (M), Assam-37.
----- Petitioner .
– VERSUS –
The State of Assam.
S/O Bachu Seikh, Villaage-Khakjani, P.O. Khanhimuli,
Dist. Darrang (Assam), Pin. 784125.
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.
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
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.
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.
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.
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.
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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