Pramod Ch Deka @ Pramod Deka vs The State Of Assam And Anr
2022 Latest Caselaw 1814 Gua

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GAHC010097012022




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

                                Case No. : Crl.Rev.P./240/2022

            PRAMOD CH DEKA @ PRAMOD DEKA
            S/O SRI PUSHPADHAR DEKA,
            VILL- NO. 1 BEJPARA, P.S. MANGALDAI, DIST. DARRANG, ASSAM



            VERSUS

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

            2:RAMJIT CHOUHAN
             S/O LATE B. CHOUHAN
            VILL- BHOALBARI BAGICHA
             P.S. KALAIGAON
             DIST. DARRANG
            ASSAM
             PIN-78452

Advocate for the Petitioner   : MR. A M BARBHUIYA

Advocate for the Respondent : PP, ASSAM
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                          BEFORE
             HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                    ORDER

26.05.2022

Correctness or otherwise of the judgment and order dated 29.01.2022, passed by the learned Additional Sessions Judge, Udalguri, in Criminal Appeal Case No. 08/2019, and also the judgment and order dated 25.04.2019, passed by the learned Sub-Divisional Judicial Magistrate (S), Udalguri, in G.R. Case No. 460/2017, are challenged in this revision petition under Sections 397/401 of the Code of Criminal Procedure. It is to be mentioned here that vide impugned judgment and order, the learned Sub-Divisional Judicial Magistrate (S), Udalguri, has convicted the petitioner under Section 325 of the Code of Criminal Procedure and sentenced him to suffer simple imprisonment for 3 (three) months; and vide impugned judgment and order dated 29.01.2022, the learned Additional Sessions Judge, Udalguri, has upheld the said judgment and order of conviction of the learned Sub-Divisional Judicial Magistrate (S), Udalguri.

Heard Mr. A. M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

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

Since Mr. D. Das, 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 Page No.# 3/3

extra-copy of the petition during the course of the day.

Steps for causing service of notice upon respondent No. 2 be taken by registered post with A/D as well as by usual process within a week from today.

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

Considering the submissions of learned Advocates of both sides and also considering the facts and circumstances on record, the petitioner is allowed to remain on previous bail and the operation of the impugned judgment and order, dated 29.01.2022, stands stayed/suspended till disposal of this revision petition.

List after 4 (four) weeks.

JUDGE

Comparing Assistant