HUSSAIN AHMED BARBHUIYA Vs. FAIZUR RAHMAN CHOUDHURY

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel who argued the case on behalf of petitioner, on being instructed by Mr. H. R. A. Choudhury, learned Senior Counsel.

(2.) This is an application under section 401 read with section 482 of the Code of Criminal procedure challenging the judgment and order dated 6.4.2004 passed by the learned Sessions Judge, Hailakandi, in Criminal Motion No. 37 of 2002 allowing the criminal revision and setting aside the judgment and order of acquittal passed by the learned Judicial Magistrate, First Class, Hailakandi on 23.05.2002 in C.R.Case No.909/1997.

(3.) It appears from order sheet that service on the respondent No.1 of this case was accepted vide endorsement dated 28.04.2005. However, no one has put up appearance on behalf of the said respondent. Mr. B. B. Gogoi, learned Addl. Public Prosecutor, Assam, appears on behalf of the opposite party No.2.As the matter has been in the hearing list for quite a long time the matter is taken up for hearing.