Dr Golap Chandra Baruah v. Manju Gurung

ORDER Date : 26.09.2024 Heard Mr. S. Islam, learned counsel appearing for the petitioner.

¶2This is an application under Section 528 of BNSS, 2023 praying for setting aside and quashing the impugned order dated 12.08.2024 passed by the learned Additional District Page No.# 2/2 Judge, Tinsukia in Misc.(J) Case No. 20/2024 arising out of Title Suit (M) No.118/2024.

¶3On 12.08.2024, the respondent filed a petition before the learned court below under Section 340 of the Cr.P.C. The learned court below passed the impugned order dated

12.08.2024 without hearing the present petitioner.

¶4Therefore, the impugned order is bad in law. The order dated 12.08.2024 passed by the learned Additional District Judge, Tinsukia in Misc.(J) Case No. 20/2024 arising out of Title Suit (M) No.118/2024 is set aside and quashed.

¶5The matter is remanded back to the trial court. The trial court shall issue notice to the present petitioner and after hearing him, pass a fresh order upon the petition filed by the respondent. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010203152024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1195/2024 DR GOLAP CHANDRA BARUAH S/O-NABAKANTA BARUAH, R/O- BORDOLOI NAGAR, TINSUKIA, P.O,P.S AND DIST- TINSUKIA, ASSAM VERSUS MANJU GURUNG D/O- MADAN KUMAR GURUNG, W/O- DR. GOLAP CHANDRA BARUAH, R/O- RSA PLOT NO-93, OPPOSITE RASHTRIYA, VIDYALAYA, P.O AND P.S- DIGBOI, DIST- TINSUKIA, ASSAM, PIN-786171 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR. ATIULLAH HAWARI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA