Satya Kalita vs The State Of Assam And Anr
2022 Latest Caselaw 3847 Gua

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GAHC010086792022




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

                                   Case No. : Crl.A./103/2022

            SATYA KALITA
            S/O LATE KASHINATH KALITA
            RESIDENT OF VILLAGE RATANPUR, PO BARBANG, MOUZA UTTAR
            BAJALI, PS PATACHARKUCHI, DIST BAJALI, ASSAM


            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP ASSAM

            2:SRI BASANTA KALITA
             S/O SRI KANAK KALITA
            RESIDENT OF VILLAGE RATANPUR
             PO BARBANG
             MOUZA UTTAR BAJALI
             PS PATACHARKUCHI
             DIST BAJALI
            ASSA

Advocate for the Petitioner   : MR. K K HANDIQUE

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/254/2022

            SATYA KALITA
            S/O LATE KASHINATH KALITA RESIDENT OF VILLAGE RATANPUR
            PO BARBANG
            MOUZA UTTAR BAJALI
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           PS PATACHARKUCHI
           DIST BAJALI
           ASSAM


           VERSUS

          THE STATE OF ASSAM AND ANR.
          REPRESENTED BY PP ASSAM

          2:SRI BASANTA KALITA
          S/O SRI KANAK KALITA RESIDENT OF VILLAGE RATANPUR
           PO BARBANG
           MOUZA UTTAR BAJALI
           PS PATACHARKUCHI
           DIST BAJALI
          ASSAM
           ------------
          Advocate for : MR. K K HANDIQUE
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                    ORDER

Date : 27.9.2022

None appears for the appellant on call. This is an application u/s 374/389 of Cr. P. C. read with Section 482 of the said code.

The present application has been registered as an appeal. The present is directed amongst other against the appellate judgment passed by the learned Addl. Sessions Judge, Bajali, Pathsala upholding the judgment passed by the SDJM(M) Bajali, Pathsala whereby the present appellant was sentenced to undergo rigorous imprisonment of one year. In view of the aforesaid factual backdrop, Page No.# 3/3

this Court is of the considered opinion that this application could not have been registered as an appeal inasmuch as no appeal is maintainable u/s 374/389 Cr.P.C. against an appellate judgment. Be that as it may, the present be placed before the appropriate Section for doing needful and for registering the same as Revision Petition and list thereafter.

JUDGE

Comparing Assistant