Ananta Borah vs The State Of Assam And Anr
2022 Latest Caselaw 506 Gua

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GAHC010024552022




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

                                Case No. : Crl.Rev.P./51/2022

            ANANTA BORAH
            S/O. SRI PADMESWAR, R/O. VILL. CHAMUA, P.S. LALUK, DIST.
            LAKHIMPUR, ASSAM.



            VERSUS

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

            2:SEWALI SAIKIA
            W/O. SRI ARUP BHARALI
             (S/O. NAGEN BHARALI)
             R/O. VILL. HUKANKHUTI
             P.O. NATUN BESAMORA
             SUB-DIVISION- JANGRAIMUKH
             DIST. MAJULI
             PIN-785105
            ASSAM

Advocate for the Petitioner   : MR DEBA SARMAH

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

                                   ORDER

14.02.2022

In this Criminal Revision Petition under Sections 397/401 read with Section 482 of the code of Criminal Procedure, 1973, the petitioner has put to challenge the judgment & order dated 09.11.2021, passed by the learned Additional Sessions Judge (FTC), North Lakhimpur, dismissing the Criminal Appeal No. 22(2)/2019 and thereby affirming and upholding the order of conviction, dated 26.04.2019, passed by the learned Judicial Magistrate First Class, Lakhimpur. It is to be mentioned here that vide the impugned judgment & order, dated 26.04.2019, the learned Judicial Magistrate First Class, Lakhimpur, has convicted the petitioner under Section 498A of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for the period of one and half (1 ½) year with a fine of Rs. 1,000/- (Rupees one thousand) with default stipulation in G.R. Case no. 324/2015.

Heard Mr. D. Sarmah, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State of Assam.

Let notice be issued, returnable in 4 (four) weeks.

Since Ms. S. Jahan, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal Page No.# 3/3

notice is required to be issued. However, she shall be provided with requisite extra-copy of the petition along with relevant annexures appended thereto 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.

Call for the scanned copy of the record from the learned Court below.

In the meantime, till the returnable date, and the impugned judgment & order dated 09.11.2021, passed by the learned Additional Sessions Judge (FTC), North Lakhimpur, and also the impugned judgment & order dated 26.04.2019, passed by the learned Judicial Magistrate First Class, Lakhimpur, stands stayed. The petitioner is allowed to remain on previous bail.

List after 4 (four) weeks.

JUDGE

Comparing Assistant