Md. Saddam Mandal vs The State Of Assam And Anr
2022 Latest Caselaw 192 Gua

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GAHC010220602021




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

                                   Case No. : Crl.A./3/2022

           MD. SADDAM MANDAL
           S/O- ABDUL AJID, VILL.- BHANDARA PART-3, P.O. AND P.S. MANIKPUR,
           DIST.- BONGAIGAON, ASSAM, PIN- 783380.

           VERSUS

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

           2:MD. MAFIJUL HOQUE
            S/O- LATE ABDUL SATTAR
           VILL.- CHOUTAKI
            P.O. SALAKI
            P.S. AND DIST.- KOKRAJHAR

Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : PP, ASSAM


            Linked Case : I.A.(Crl.)/18/2022

           MD. SADDAM MANDAL
           S/O- ABDUL AJID
           VILL.- BHANDARA PART-3
           P.O. AND P.S. MANIKPUR
           DIST.- BONGAIGAON
           ASSAM
           PIN- 783380.


            VERSUS

           THE STATE OF ASSAM AND ANR.
           REP. BY THE P.P. ASSAM
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           2:MD. MAFIJUL HOQUE
           S/O- LATE ABDUL SATTAR
           VILL.- CHOUTAKI
            P.O. SALAKI
            P.S. AND DIST.- KOKRAJHAR.
            ------------
           Advocate for : MR P K DAS
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                       ORDER

20-01-2022

The Court proceedings have been conducted through Video-Conference due to Covid- 19 pandemic.

Mr. P.K. Das, learned counsel represents the applicant. Mr. B.B. Gogoi, learned Additional Public Prosecutor represents the State respondent No. 1.

The appeal, under Section 374(2) of the Cr.P.C., is preferred challenging the judgment and order dated 19-04-2021, passed by the learned Special Judge, Kokrajhar, in Special Case No. 62 of 2018, arising out of Kokrajhar Police Station Case No. 566/2018, convicting the accused-appellant under Section 363 of the IPC and sentencing him to undergo rigorous imprisonment for two years with fine of Rs.20,000/- with default clause.

The appeal is admitted for hearing.

Call for the LCR.

Issue notice.

No formal notice need be issued on the State respondent since Mr. Gogoi, learned Additional Public Prosecutor, has already entered appearance and accepted notice on behalf of the State respondent.

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The appellant-applicant shall take steps for service of notice upon the respondent No. 2 by registered post with A/D Card as well as under any other prescribed mode within seven days from today.

List this appeal together with the connected I.A. (Crl.) No. 19/2022 in the fourth week of February, 2022 after receipt of the LCR and service of notice is complete.

JUDGE

Comparing Assistant