GUWAHATI, India, June 7 -- Gauhati High Court issued the following order on May 7:

1. DIBAKAR DUTTA Heard Mr. T.J. Mahanta, the learned senior counsel assisted by Mrs. P. Bhattacharjee, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 401 read with Section 397 of the Criminal Procedure Code challenging the judgment and order dated 05.12.2008 passed by the learned learned Addl. Chief Judicial Magistrate, Golaghat in G.R. Case No.1046/2007 affirmed by the learned Sessions Judge, Golaghat in Criminal Appeal No.01/2009.

3. On 04.10.2007, the four year old girl Nandini Gogoi was crossing the National High Way No.37, a car bearing Re...