Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 97 Gua

                                                           Page No.# 1/3

GAHC010001752022




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

                            Case No. : Crl.Rev.P./8/2022

         MD. AJIBUR RAHMAN AND 4 ORS
         S/O LT. SAYED ZAMAL @ GADHA
         R/O VILL- BALIDUBI
         P.O. BISWANATH CHARIALI
         DIST. BISWANATH
         PIN-784177

         2: MD. HAZRAT ALI @ BHATTAL
          S/O MD. ARMAN ALI
         R/O VILL- BALIDUBI
         P.O. BISWANATH GHAT
         P.S. BISWANATH CHARIALI
         DIST. BISWANATH
         PIN-784177

         3: MD. SAIFUL ALI
          S/O AJAHAR ALI
         R/O VILL- BALIDUBI
         P.O. BISWANATH GHAT
         P.S. BISWANATH CHARIALI
         DIST. BISWANATH
         ASSAM
         PIN-784177

         4: MD. MANAB ALI @ MD. JIAUR RAHMAN
          S/O LT. GADHA
         R/O VILL- BALIDUBI
         P.O. BISWANATH GHAT
         P.S. BISWANATH CHARIALI
         DIST. BISWANATH
         ASSAM
         PIN-784177

         5: MD. ARMAN ALI
                                                                                  Page No.# 2/3

               S/O LT. BODIYAD JAMAL
              R/O VILL- BALIDUBI
              P.O. BISWANATH GHAT
              P.S. BISWANATH CHARIALI
              DIST. BISWANATH
              ASSAM
              PIN-78417

              VERSUS

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

              2:MD. TAYEB ALI
               S/O LATE ABDUL AZIZ
              R/O VILL- BALIDUBI
              P.S. BISWANATH CHARIALI
              DIST. SONITPUR (NOW BISWANATH)
              ASSAM

              PIN-78417

Advocate for the Petitioner   : MR A A DEWAN

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN


                                          ORDER

10.01.2022.

By way of this petition under Section 397, read with Section 401 of the CrPC, the petitioner challenges the judgment and order dated 04.12.2021, passed by the learned Addl. Sessions Judge (FTC), Biswanath Chariali in Criminal Appeal No12 (S-3) 2015, affirming the judgment and order dated 25.06.2015, passed by the learned SDJM, Biswanath Chariali, in G.R. Case No.928/2012, convicting the accused/petitioners, under Section 148/149/341/326 of the IPC.

Heard the submission of learned counsel for the petitioners and the learned Addl. P.P., Assam, Page No.# 3/3

representing the State.

Also perused the record.

The revision is admitted for hearing.

Issue notice to the respondent No.2 by Regd. Post with A/D as well as by usual process, returnable in four weeks. As the State/respondent No.1 has already entered appearance through the learned Addl. P.P., Assam, notice need not be issued but necessary extra copy of the petition be furnished.

Call for the LCR pertaining to both the cases.

Considering the entirety of the offence, the execution of the aforesaid order is hereby stayed and the petitioners are allowed to remain on previous bail.

JUDGE

Comparing Assistant