MOYNAL HOQUE, SON OF KHABIRUDDIN Vs. STATE OF ASSAM, (TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM, GAUHATI HIGH COURT)

JUDGEMENT

(1.) This is a Criminal Revision Petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 23.06.2010 passed by the learned Sessions Judge, Dhubri in Criminal Appeal No. 14(2)/2009 setting aside the judgment and order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Bilasipara in GR(CPR) Case No. 1/2007 under Section 498(A) of the IPC and further directing re-trial of the petitioner on framing of fresh charge.

(2.) Heard Mr. A Wahab, learned counsel for the petitioner as well as Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State respondent.

(3.) I have perused the petition as well as the annexures furnished therewith. I have also perused the Lower Court Records.