Surjya Upadhaya vs The State Of Assam And Anr
2022 Latest Caselaw 527 Gua

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GAHC010008642022




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

                                 Case No. : I.A.(Crl.)/20/2022

            SURJYA UPADHAYA
            S/O- SRI HARI HAR UPADHAYA, R/O- 6TH MILE RAMPUR, P.S. LEKHAPANI,
            DIST.- TINSUKIA, ASSAM, PIN- 786125.



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MAHA PRASAD SHARMA
             S/O- LATE KRISHNALAL SHARMA
             R/O- NO. 2 RAMPUR SIX MILE
             P.S. LEKHAPANI
             DIST.- TINSUKIA
            ASSAM
             PIN- 78612

Advocate for the Petitioner   : MR. S P DEKA

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

                                   ORDER

15.02.2022

This Application under Section 389 (1) of the Code of Criminal Procedure, 1973, is preferred by the applicant, Shri Surjya Upadhaya, for suspension of the sentence passed by the learned Special Judge, Tinsukia in POCSO Case No. 37(M)/2015, vide judgment & order dated 13.06.2019, under Section 6 of the POCSO Act. It is to be mentioned here that vide the impugned judgment & order, dated 13.06.2019, the learned Special Judge, Tinsukia, in POCSO Case No. 37(M)/2015, has convicted the applicant under Section 6 of the POCSO Act and sentenced him to undergo Rigorous Imprisonment for 10 (ten) years and also to pay a fine of Rs. 50,000/- (Rupees fifty thousand) only with default stipulation.

Heard Mr. S. P. Deka, learned counsel for the applicant. Also heard Mr. B. Sarmah, learned Additional Public Prosecutor for the State respondent No. 1.

Perused the petition and the documents placed on record.

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

Since Mr. B. Sarmah, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued. However, requisite extra-copy of the petition Page No.# 3/3

along with relevant annexures appended thereto be furnished to him during the course of the day.

Learned counsel for the applicant shall take steps for causing service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

List the matter after 4 (four) weeks.

In the meantime, Mr. Sarmah, learned Additional Public Prosecutor, may file his objection, if any.

JUDGE

Comparing Assistant