Chandu Mia vs The State Of Assam And Anr
2022 Latest Caselaw 3046 Gua

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GAHC010260762018




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./291/2022

              CHANDU MIA
              S/O. LT. MAZARAF ALI, C/O. LT. INTAZ ALI, R/O. VILL. KACHUDHARAM
              PART-IV, P.O. KACHUDHARAM, DIST. CACHAR, ASSAM, PIN-788119.

              VERSUS

              THE STATE OF ASSAM AND ANR.
              REP. BY THE PP, ASSAM.

              2:BADRUL HAQUE BARBHUIYA
               S/O. MD. KARIM UDDIN BARBHUIYA
               R/O. VILL. KACHUDHARAM PART-IV
               P.O. KACHUDHARAM
               DIST. CACHAR
              ASSAM-788119

Advocate for the Petitioner   : MR. P K DEKA

Advocate for the Respondent : PP, ASSAM


                                      BEFORE
                         HON'BLE MR. JUSTICE ROBIN PHUKAN


                                          ORDER

17.08.2022.

Heard Mr. I.H. Laskar, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State/respondent No.1.

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In this petition under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, the petitioner Chandu Mia challenges the legality, propriety and correctness of the judgment and order dated 24.07.2018, passed by the learned Addl. Sessions Judge, Silchar in Criminal Appeal No.41/2017, whereby the learned Court below has modified the sentence under Section 325 I.P.C. and sentenced the petitioner to undergo R.I. for two years and also the judgment and order dated 10.07.2017, passed by the learned Judicial Magistrate First Class, Lakhipur in Cachar District in G.R. Case No.508/2009, by which the learned Court below has convicted and sentenced the petitioner under Sections 341, 324 and 325 I.P.C. and sentenced him to suffer S.I. for one month with fine of Rs.500/- with default stipulation under Section 341 I.P.C. and R.I. for one year with fine of Rs.1500/- with default stipulation under Section 324 I.P.C. and R.I. for three years with fine of Rs.3000/- with default stipulation under Section 325 I.P.C.

Heard learned Advocates for both sides and perused the petition and the documents placed on record.

Admit.

Call for the records from the learned Courts below.

Also issue notice to the respondent No.2, returnable in 4 (four) weeks.

As Mr. D. Das, learned Additional Public Prosecutor, has entered appearance on behalf of State/respondent No.1, no formal notice is required to be issued. However, he shall be provided with requisite extra-copy of the petition during the course of the day.

Learned counsel for the petitioner shall take steps for causing service of notice upon respondent No.2 by registered post with A/D as well as by usual process Page No.# 3/3

within a week from today.

List the matter after four weeks.

Having regard to the submission of learned Advocates for both sides and also considering the grounds taken in this petition, the operation of the impugned judgment and order dated 24.07.2018, passed by the learned Addl. Sessions Judge, Silchar in Criminal Appeal No.41/2017 and the impugned judgment and order dated 10.07.2017, passed by the learned Judicial Magistrate First Class, Lakhipur in Cachar District, in G.R. Case No.508/2009 stands stayed, till disposal of the petition.

JUDGE

Comparing Assistant