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2025 DAILYLAW 10237 (GAU)

UDAYADITYA KASHYAP v. THE STATE OF ASSAM AND ANR

Crl.Rev.P./141/2024 · 2025-02-11

Parthivjyoti Saikia

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Judgment text

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Page No.# 1/3 GAHC010070232024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./141/2024 UDAYADITYA KASHYAP S/OLT. DIGANTA DEKA R/O WARD NO. 7, P.O. MANGALDOI, P.S. MANGALDOI, PIN- 784125 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:NISTHAA SARMA WARD NO. 9 BHEBARGHAT P.S. MANGOLDOI DIST. DARRANG PIN-78412 Advocate for the Petitioner : MR. D SARMAH, S. J. SAHARIAH Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 12.02.2025 Heard the learned counsel Mr. S. Sarma Baruah appearing for the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Sections 397 & 401 of the Code of Criminal Procedure challenging the order dated 14.03.2024 passed by the learned Chief Judicial Magistrate, Darrang, Mangaldai in respect of Mangaldai P.S. Case No.344/2023. 3. The gist of the long FIR is that the petitioner first showed interest in marrying the informant. Later on, he seems to have changed his mind. From the contents of the FIR, it can be presumed that the petitioner subsequently developed interest upon the sister of the informant. 4. Police registered a case under Sections 120(B)/354A/ 354D/366 and 508 of the Indian Penal Code. 5. Police seized one mobile phone and a laptop along with the charger from the petitioner. 6. On an earlier occasion, a report was called for from the Police Investigating Officer and at that time it was reported that the mobile phone was sent to the FSL for examination. 7. I have considered the submissions made by the learned counsel of both sides. 8. This Court is of the opinion that under the given circumstances of the case, the Page No.# 3/3 laptop that was seized in this case would not serve any purpose for investigation. Therefore, the seized laptop shall be handed over to the present petitioner. The impugned order dated 14.03.2024 passed by the learned Chief Judicial Magistrate, Darrang, Mangaldai in respect of Mangaldai P.S. Case No.344/2023 is set aside. 9. The Dell Laptop along with the charger that was seized in connection with the aforesaid case shall be given to its actual owner/petitioner on examination of relevant documents. 10. A bond of ₹50,000/- shall also be executed by the actual owner/petitioner while taking over custody of the seized laptop as well as the charger. With the aforesaid direction, the Criminal Revision Petition is disposed of. JUDGE Comparing Assistant