Md. Fakaruddin Ali Ahmed vs The State Of Assam
2022 Latest Caselaw 5040 Gua

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GAHC010259062022




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

                                Case No. : Crl.Rev.P./593/2022

            MD. FAKARUDDIN ALI AHMED
            S/O LATE ABDUL GONI
            R/O VILL- TORIPOM, P.O. BHANGA MONDIR, P.S. DHEKIAJULI
            DIST. SONITPUR, ASSAM, PIN-784112



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MD. M H CHOUDHURY

Advocate for the Respondent : PP, ASSAM
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                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                ORDER

19.12.2022

Heard Md. M. H. Choudhury, learned counsel for the petitioner. Also heard Ms. N. Das, learned Additional Public Prosecutor, Assam, for the State respondent.

This is an application under Section 397 read with Sections 401 & 482 of the Code of Criminal Procedure, 1973, for setting aside and quashing the impugned judgment dated 23.11.2022 and order dated 29.11.2022, passed by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur, in Criminal Appeal No. 16 (S-3)/2022, whereby, the judgment and order dated 24.08.2022, passed by the learned Chief Judicial Magistrate, Sonitpur, in P.R. Case No. 199/2018, was affirmed.

Issue notice to the respondent, returnable within 4 (four) weeks.

Since Ms. N. Das, learned Additional Public Prosecutor, Assam, has entered appearance and accepted notice on behalf of the State respondent, no formal notice is required to be issued to the said respondent. However, she shall be furnished with requisite extra-copy of the petition during the course of the day.

Also, call for the records of Criminal Appeal No. 16 (S-3)/2022 from the Court of learned Additional Sessions Judge (FTC), Sonitpur, Tezpur, and P.R. Case No. 199/2018 from the Court of learned Chief Judicial Magistrate, Sonitpur.

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Considering the submissions of learned counsels for both sides and also considering the materials available on record, operation of the impugned judgment dated 23.11.2022 and order dated 29.11.2022, passed by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur, in Criminal Appeal No. 16 (S-

3)/2022, shall remain stayed/suspended till returnable date.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant