Kabita Boro vs The State Of Assam And Anr
2022 Latest Caselaw 1736 Gua

                                                                       Page No.# 1/3

GAHC010079472022




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

                                Case No. : Crl.Rev.P./232/2022

            KABITA BORO
            W/O AKHRANGSA BORO, R/O VILL-SUKULIAPARA, P.O.-JALUKBARI, P.S.-
            KHOIRABARI, DIST-UDALGURI, ASSAM PIN-784522



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:PRAFULLA BASUMATARY
             (INFORMANT)
             R/O VILL-THUPGURI
             P.O. AND P.S.-KHOIRABARI
             DIST-UDALGURI
             PIN-78452

Advocate for the Petitioner   : MR. N J KHATANIAR

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

23.05.2022

This revision petition under Section 397, read with Section 401 of the Code of Criminal Procedure is directed against the judgment and order Page No.# 2/3

dated 16.12.2020, passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 17/2019.

It is to be noted here that vide impugned judgment and order, the learned Sessions Judge has upheld the judgment and order dated 20.05.2019, passed by the learned Chief Judicial Magistrate, BTAD, Assam in GR Case No. 1109/2016, under Sections 420/406 IPC.

It is also to be noted here that vide impugned judgment and order, the learned Chief Judicial Magistrate has sentenced the petitioner to undergo simple imprisonment for 1 (one) year under Section 406 IPC and another 1 (one) year under Section 406 IPC and also to pay a fine of Rs.10,000/- with default stipulation.

Heard Mr. N. J. Khataniar, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1.

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

Steps for service of notice upon the respondent No.2 be taken by registered post with A/D and also by usual process within 3 (three) days.

Since Mr. P. Borthakur, learned Additional Public Prosecutor appeared and received notice on behalf of the State respondent No. 1, no formal notice is required to be issued. However, extra copy of the petition be served upon Mr. P. Borthakur, learned Additional Public Prosecutor, during the course of the day.

Call for the record from the learned court below.

Considering the submission of the learned counsel of both sides, the Page No.# 3/3

operation of impugned judgment and order dated 16.12.2020, passed by the learned Sessions Judge, Udalguri in Criminal Appeal No. 17/2019, stands stayed till the returnable date and the petitioner is allowed to remain on previous bail.

List after 4 (four) weeks.

JUDGE

Comparing Assistant