Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 2469 Gua

                                                                 Page No.# 1/3

GAHC010140822022




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

                                Case No. : Crl.Rev.P./369/2022

            NASIR UDDIN LASKAR AND ANR
            S/O LATE KADAR ALI LASKAR
            VILL- BALIKANDI PT.I
            P.S. AND DIST. HAILAKANDI, ASSAM

            2: ABDUL MALIK LASKAR @ MANIK UDDIN
             S/O LATE ABDUL JABBAR LASKAR
            VILL- BALIKANDI PT.I
            P.S. AND DIST. HAILAKANDI
            ASSA

            VERSUS

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

            2:MUSTT. DULAL BIBI MAZUMDER
             W/O MD. SIRAJ UDDIN MAZUMDER
             VILL- BALIKANDI PT.II
            P.O. RATANPUR ROAD

            P.S. AND DIST. HAILAKANDI
            ASSAM
            PIN- 78815

Advocate for the Petitioner   : MR. N H BARBHUIYA

Advocate for the Respondent : PP, ASSAM
                                                                       Page No.# 2/3

                          BEFORE
             HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

25.07.2022

Legality, propriety and correctness of the judgment and order dated 01.06.2022, passed by the learned Additional Sessions Judge, Hailakandi, in Criminal Appeal No. 22/2018, is challenged in this revision petition under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973. It is to be noted here that vide impugned judgment order, dated 01.06.2022, the learned Court below has upheld the judgment and order of conviction passed by the learned Additional Chief Judicial Magistrate, Hailakandi, in G. R. Case No. 1316/2011, vide judgment and order dated 12.04.2018, whereby, the learned Additional Chief Judicial Magistrate, Hailakandi, has convicted (i) both the accused/petitioners to pay a fine of Rs. 500/- each under Sections 447/34 of the Indian Penal Code in default S.I. for 15 days, (ii) sentenced the accused/petitioner No. 1 to undergo R.I. for 3 months under Section 323 of the Indian Penal Code and fine of Rs. 1,000/- in default S.I. for 3 months, and (iii) sentenced the accused/petitioner No. 2 to undergo R.I. for 1 year under Section 324 of the Indian Penal Code and fine of Rs. 3,000/- in default S.I. for 6 months.

Heard Mr. N. H. Barbhuiya, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

Admit.

Page No.# 3/3

Issue notice to the respondents, returnable in 4 (four) weeks.

Since Mr. P. Borthakur, 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, he shall be provided with requisite extra-copy of the petition during the course of the day.

Learned counsel for the petitioner 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.

Call for the scanned copy of the records from the learned Court below.

Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on the record, pending disposal of this petition, operation of the impugned judgment and order, dated 01.06.2022, passed by the learned Additional Sessions Judge, Hailakandi, in Criminal Appeal No. 22/2018, and the impugned judgment and order dated 12.04.2018, passed by the learned Additional Chief Judicial Magistrate, Hailakandi, in G. R. Case No. 1316/2011, stands stayed.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant