Baneswar Rabha vs The State Of Assam And Anr
2022 Latest Caselaw 1853 Gua

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GAHC010100582022




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

                                  Case No. : Crl.Rev.P./252/2022

             BANESWAR RABHA
             S/O. LT. KANDURA RABHA, R/O. BHIMAJULI, RABHAPARA, P.S. AGIA, P.O.
             TUKURA, DIST. GOALPARA, ASSAM, PIN-783126.



             VERSUS

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

             2:MRS. MINA RABHA
             W/O. NAMENDRA RABHA
              R/O. BIMKAJULI
              RABHAPARA
              P.S. AGIA
              P.O. TUKURA
              DIST. GOALPARA
             ASSAM
              PIN-783126

Advocate for the Petitioner    : MR J ISLAM

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                      HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                              ORDER

Date : 27.05.2022 Heard Mr. J Islam, learned counsel for the petitioner and Mr. BB Gogoi, learned counsel for the State respondent No.1.

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By this criminal revision petition under Section 401 read with Section 397 CrPC, the petitioner has prayed for setting aside and quashing of the impugned Judgment and Order dated 30.04.2022 passed by the learned Additional Sessions Judge, Goalpara in Criminal Appeal No.3/2021uphelding the Judgments and Order dated 29.12.2020 passed by the learned CJM, Goalpara in GR Case No.664/2015 under Section 447/325 whereby he has been convicted and sentenced to undergo SI for one month u/s 447 IPC and to undergo SI for a period of six month u/S 325 and fine of Rs.5000 and in default to undergo SI for another 2(two) months.

The criminal revision petition is admitted.

Call for the lower court records.

Issue notice to the respondent No.2 by registered post with A/D. As Mr. BB Gogoi, learned Addl. P.P. accepts notice on behalf of the State respondent No.1, no formal notice be issued. However, extra copy of the memo of revision petition be served to him. List after 3(three) weeks.

JUDGE

Comparing Assistant