Research › Search › Judgment

Gauhati High Court · body

2024 DIGILAW 1591 (GAU)

Wahidul Haque S/o Abdul Hamid v. State of Assam

2024-11-18

MITALI THAKURIA

body2024
ORDER : 1. Heard Mr. S. Nawas, learned counsel for the petitioner and Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam, appearing on behalf of the State respondent No. 1. 2. This is an application under Section 528 of BNSS, 2023 read with Article 227 of the Constitution of India for quashing the impugned order dated 07.08.2024, passed by the learned Special Judge, First Class, Kamrup (M), Guwahati in Dispur P.S. Case No. 677/2024 under Sections 406/420/468 IPC whereby the learned Magistrate has granted zimma of the vehilce to the opposite party No. 2 without hearing the petitioner. 3. Issue notice to the private respondent Nos. 2 and 3 by registered post with A/D as well as usual process. 4. Steps be taken within 3 (three) days. 5. The notice is made returnable within 08.01.2025. 6. No formal notice is required to be served upon the State respondent No. 1 as Mr. Baruah has entered appearance and accepted notice on behalf of the respondent No. 1. 7. Call for the scanned copy of the LCR alongwith the case diary. 8. However, considering the submission of the learned counsel for the petitioner, the learned trial Court below is hereby asked to issue notice to the present petitioner, if any prayer is made by the respondent No. 2 for selling or disposing of the vehicle in question. 9. List the matter on 08.01.2025.