Triloki Nath Sonar @ Triloki Sonar vs The State Of Assam And Anr
2022 Latest Caselaw 2577 Gua

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GAHC010142872022




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

                                Case No. : Crl.Rev.P./380/2022

              TRILOKI NATH SONAR @ TRILOKI SONAR
              S/O- SANKAR DAYAL SONAR,
              R/O- VILL.- GHUNGOOR KUARPAR,
              P.S. SILCHAR,
              DISTRICT- CACHAR, ASSAM.



              VERSUS

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

              2:ANJANA SINGH
               W/O- BISESWAR SINGH
              R/O- VILL. GHUNGOOR
              P.S. SILCHAR
              DIST.- CACHAR
              ASSAM

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                         HON'BLE MR. JUSTICE ROBIN PHUKAN


                                          ORDER

29.07.2022.

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In this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, petitioner Triloki Nath Sonar @ Triloki Sonar challenges the legality, propriety and correctness of the judgment and order dated 08.06.2022, passed by the learned Sessions Judge, Cachar at Silchar, in Criminal Appeal No.63/2019, whereby the learned appellate Court had dismissed the appeal filed by the petitioner and upheld the judgment and order of conviction and sentence dated 11.11.2019, passed by the learned Chief Judicial Magistrate, Cachar in G.R. Case No.856/2012, sentencing the petitioner to undergo simple imprisonment for three months and to pay fine of Rs.1,000/- (Rupees one thousand), under Section 323 of the IPC and in default to pay fine, to undergo simple imprisonment for one week and also to under simple imprisonment for two weeks and fine of Rs.500/-, for the offence committed under Section 447 of the IPC, and in default to pay fine, further simple imprisonment for one week.

Heard Mr. LR Mazumder, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State/respondent No.1.

Admit.

Issue notice to the respondent No.2, 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 Page No.# 3/3

within a week from today.

Call for the original LCRs from the concerned Courts below.

Pending disposal of this petition, the operation of the impugned orders dated 11.11.2019, passed by the learned Chief Judicial Magistrate, Cachar in G.R. Case No.856/2012 and the judgment and order dated 08.06.2022, passed by the learned Sessions Judge, Cachar at Silchar, in Criminal Appeal No.63/2019, shall remain stayed.

List the matter after four weeks.

JUDGE

Comparing Assistant