Citation : 2022 Latest Caselaw 277 Gua
Judgement Date : 28 January, 2022
Page No.# 1/3
GAHC010012412022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./26/2022
ABUBOKKAR SIDDIQUE
S/O LATE HAJI BABURULLAH
VILL- NO. 2 GORAIMARI
P.O. ALUKHUNDA
P.S. PANBARI
DIST. CHIRANG (BTR), ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:SMTI. JOYSHREE WARY
W/O ANJAN BASUMATARY
R/O WARD NO. 1
BIJNI TOWN
P.O. AND P.S. BIJNI
DIST. CHIRANG (BTR)
ASSAM
PIN-78339
Advocate for the Petitioner : MR. D A KAIYUM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : --28.01.2022 Page No.# 2/3
This application under section 397 read with Section 401 of the Code of Criminal Procedure, 1973(as amended) is preferred by the petitioner Sri Abubokkar Siddique challenging the Judgment and Order dated 30.11.2021, passed by the learned Additional Sessions Judge, Bijni, Chirang in Criminal Appeal No. 10(4)/2019, whereby, the appeal was dismissed and the conviction and sentenced passed by the learned Trial Court was upheld. It is to be mentioned here that the petitioner was convicted by the Ld. SDJM, Bijni vide order dated 16.09.2019, in G.R. Case No. 135/2017, under section 341/506 of IPC and sentenced to pay a fine of Rs. 500/- under section 341 of IPC and in default to undergo simple imprisonment for one month and to pay a fine of Rs. 2500/- under section 506 of IPC and in default to undergo simple imprisonment for another one month.
Heard Mr. D.A. Kaiyum, learned counsel for the petitioner. Also heard Mr M.P. Goswami, learned Additional Public Prosecutor for the State.
This Criminal Revision petition is admitted for hearing.
Issue notice to the respondents returnable in four (4) weeks. Steps be taken by registered post with AD also by other usual process within a week from today.
Call for the case record from the learned Court below.
After hearing the learned advocates for both sides and also having carefully gone through the facts and circumstances on record, operation of the impugned Judgment and order dated 30.11.2021, passed by the learned Additional Sessions Judge, Bijni, Chirang in Criminal Appeal No. Page No.# 3/3
10(4)/2019, and the order dated 16.09.2019, passed by the learned SDJM (M) in G.R. Case No. 135/2017 stands stayed.
List the matter after four (4) weeks.
JUDGE
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