Lakhi Dowarah vs The State Of Assam And Anr
2022 Latest Caselaw 3281 Gua

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GAHC010156042022




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

                                Case No. : I.A.(Crl.)/419/2022
                                 In CRL. Rev. Pet. No. 394/2022

            LAKHI DOWARAH
            S/O SRI NAGEN DOWARAH,
            R/O MORAN PATHALIBAM DOWARAH GAON, P.S. MORAN, DIST.
            DIBRUGARH, ASSAM, PIN-785675



            VERSUS

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

            2:SRI SUJIT DUTTA

             SON OF SRI SUBRATA DUTTA
             R/O JALAN NAGAR COLONY
             P.O. JALAN NAGAR
             P.S. DIBRUGARH
             DIST. DIBRUGARH
             ASSAM
             PIN-786005

Advocate for the Petitioner   : MR. D GOGOI

Advocate for the Respondent : PP, ASSAM
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                                  BEFORE
                     HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                        ORDER

30-08-2022 Heard Mr. D. Gogoi, learned counsel for the applicant and also heard Mr. B. Sarma, learned Addl. PP, Assam for the State of Assam.

This application filed under Section 389 Cr.PC is preferred by the applicant Lakhi Dowarah praying for suspension of operation of the impugned judgment and order

dated 13.09.2021, passed by the learned Judicial Magistrate, 1 st Class, Dibrugarh in

CR Case No. 98C/2014 convicting the applicant under Section 406 IPC and sentencing him to undergo simple imprisonment for 1 year and to pay a fine of Rs. 5000/- and in default to further undergo simple imprisonment for another one month.

It is also to be noted here that vide judgment and order dated 29.06.2022 passed by the learned Addl. Sessions Judge (FTC), Dibrugarh, in Criminal Appeal Case No. 19(4)/2021 upheld the judgment and order dated 13.09.2021 passed by the

learned Judicial Magistrate, 1st Class, Dibrugarh in the CR Case No. 98C/2014.

Mr. Gogoi, learned counsel for the applicant submits that connected criminal revision petition has already been admitted by this Court and the case record has also been called for and that the applicant has been sentenced to suffer SI only for 1 year with fine of Rs.5000/-, and therefore, it is contended to suspension of the operation of

the aforesaid judgment dated 13.09.2021 passed by the learned Judicial Magistrate 1 st

Class, Dibrugarh in CR Case No. 98C/2014.

Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and considering the fact that connected criminal revision petition has already been admitted and the record has been called for and also considering the fact that the sentence was only for one year, this Court is inclined to allow the petition. Accordingly, Page No.# 3/3

operation of the impugned order dated 13.09.2021, passed in CR Case No. 98 C/2014, stands stayed alongwith the judgment and order dated 29.06.2022 passed by the learned Addl. Sessions Judge (FTC), Dibrugarh in Crl. Appeal No. 19(4)/2021 till disposal of this revision petition.

JUDGE

Comparing Assistant