Nirmal Malakar vs The State Of Assam And Anr
2022 Latest Caselaw 273 Gua

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GAHC010216892019




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

                                 Case No. : Crl.Rev.P./1/2022

            NIRMAL MALAKAR
            S/O. NARENDRA MALAKAR, R/O. VILL. DIGHELI, P.O. BARDIGHELI, P.S.
            AND DIST. NALBARI, ASSAM, PIN- 781335



            VERSUS

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

            2:JITEN KALITA
             S/O. LATE HOMESWAR BARMAN
             R/O. VILL. AAKHORA
             P.O.
             P.S. AND DIST. NALBARI
            ASSA

Advocate for the Petitioner   : MR. D BHUYAN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : --28.01.2022

This application under Sections 401/397 Cr.P.C. is preferred by the petitioner Shri Nirmal Malakar challenging the Judgment & Order dated 06.05.2019 passed by the learned Page No.# 2/2

Sessions Judge, Nalbari in Criminal Appeal No. 37/2015 whereby the learned Court below has dismissed the appeal for default and thereby the Judgment & Order passed by learned Additional Chief Judicial Magistrate, Nalbari in C.R. Case No. 66/2014 dated 24.09.2015 stood affirmed.

It is to be mentioned here that vide Judgment & Order dated 24.09.2015, the learned Additional Chief Judicial Magistrate has convicted the petitioner under Section 420 IPC and sentenced him to suffer simple imprisonment for 6 (six) months and also impose a fine of Rs. 10,000/- with default stipulation.

Heard Mr. D. Bhuyan, learned counsel for the petitioner. Also heard Mr. B. Kalita, learned counsel for the respondent no. 2 and Mr. M.P. Goswami, learned Addl. P.P. for the State respondent no. 1.

Let Notice be issued returnable in 4 (four) weeks.

Steps be taken by Registered Post with A/D and also by usual process within a week from today.

Since Mr. M.P. Goswami entered appearance on behalf of State respondent no. 1, no formal notice is required to be issued. However, extra copies of the petition shall be issued to Mr. Goswami during the course of the day.

Call for the records from the lower Court below.

Registry to list the matter immediately after receiving the case diary from the learned Court below.

Till disposal of the revision petition, the impugned Judgment & Order dated 24.09.2015 passed in C.R. Case No. 66 of 2014 by the learned Chief Judicial Magistrate, Nalbari stands stayed.

JUDGE

Comparing Assistant