Debeswar Taukdar vs The State Of Assam
2022 Latest Caselaw 3426 Gua

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GAHC010177592022




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

                              Case No. : Crl.A./218/2022

           DEBESWAR TAUKDAR
           S/O LATE KAMESWAR TALUKDAR,
           RESIDENT OF HOUSE NO. 16, UJJAL NAGAR, PS DISPUR, GUWAHATI,
           KAMRUP M ASSAM

           VERSUS

           THE STATE OF ASSAM
           REPRESENTED BY PP ASSAM

           2:SUSHIL PATOWARY
            S/O SRI RATNESWAR PATOWARY

           RESIDENT OF HOUSE NO. 11
           NIZARAPARA PATH
           HENGRABARI
           GUWAHATI
           KAMRUP M ASSAM 78103

Advocate for the Petitioner : MR. B K MAHAJAN
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

07.09.2022

Heard Mr. B. K. Mahajan, learned counsel for the petitioner also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam.

By this application under Section 374(2) Cr.P.C., the petitioner has Page No.# 2/2

prayed for quashing and setting aside the judgment and order dated 16.08.2022 passed by the learned Special Judge, Assam, Guwahati in Special Case No. 11/2018 convicting the accused/appellant under Section 7/13(2) of the Prevention of Corruption Act and sentencing him to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.8,000/- in default to further undergo rigorous imprisonment for 1 month and to further undergo rigorous imprisonment for 4 years and to pay a fine of Rs.10,000/- in default to rigorous imprisonment for 2 months respectively.

The petition is admitted.

As Mr. R. R. Kaushik, learned Additional Public Prosecutor has entered appearance on behalf of the State respondent No.1, a copy of the memo of appeal along with the documents annexed thereto be furnished to him during the course of the day.

Issue notice to the respondent No.2 by registered A/D post within three days.

Call for the LCR.

List the matter after receipt of the LCR.

JUDGE

Comparing Assistant