Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 3879 Gua

                                                                Page No.# 1/3

GAHC010193302022




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

                       Case No. : Crl.Rev.P./489/2022

         MD. SORIFUL ISLAM @ SORIFUL AND 2 ORS
         S/O- LATE ABDUL JABBAR, R/O- 1 NO. RAMPUR, MOUZA- NOWBOICHA,
         P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM

         2: MD. NAJRUL ISLAM
          S/O- SAMSUL HOQUE
          R/O- VILLAGE 1 NO. RAMPUR
          MOUZA- NOWBOICHA
          P.S. NORTH LAKHIMPUR
          DIST. LAKHIMPUR
         ASSAM

         3: MD. SAIFUL ISLAM
          S/O- LATE ABDUL JABBAR
          R/O- VILLAGE 1 NO. RAMPUR
          MOUZA- NOWBOICHA
          P.S. NORTH LAKHIMPUR
          DIST. LAKHIMPUR
         ASSA

         VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY THE P.P., ASSAM

         2:MD. HAFIZ ALI
          S/O- MD. IDDRIS ALI
          R/O- VILLAGE NO. 2 RAMPUR
          P.S. NORTH LAKHIMPUR
          P.O. DEJOO
          PIN- 787031
          MOUZA- NOWBOICHA
          DIST. LAKHIMPUR
         ASSA
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Advocate for the Petitioner   : MS. S G BARUAH

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN 28-09-2022

Heard Ms. S.G. Baruah, learned counsel for the petitioners. Also heard Mr. P. Borthakur , learned Additional Public Prosecutor for the State Respondent No.1.

In this petition under Section 397 read with Section 401 of the Code of Criminal Procedure, the three petitioners, namely (1) Md. Soriful Islam @ Soriful, (2) Md. Najrul Islam, and (3) Md. Saiful Islam has put to challenge the judgment and order dated 15.06.2022 passed by the learned Additional Sessions Judge, (FTC), Lakhimpur, North Lakhimpur, in Criminal Appeal no.40(4)/2018 under Sections 323/341/34 of I.P.C.

It is to be noted here that by the impugned judgment and order, the learned Additional Sessions Judge (FTC), Lakhimpur, upheld the judgment and order dated 31.10.2018 passed by the learned Chief Judicial Magistrate, Lakhimpur in G.R. Case No.1520/2010 under Section 323/341/34 I.P.C. It is also to be noted that by the impugned judgment, the learned Chief Judicial Magistrate has convicted the petitioners under Sections 341/34 of the I.P.C. and also sentenced them to undergo simple imprisonment for three months and also to pay a fine of Rs.1,000/- each with default stipulation.

Perused the petition and the averments made therein and also the Page No.# 3/3

documents placed on record.

Admit.

Issue notice to the respondents, returnable in four weeks.

Steps for service of notice be taken by registered post with A/D and also by usual process within a week.

No formal notice need be issued upon Respondent No.1 since Mr. P. Borthakur, learned Additional Public Prosecutor has appeared and received notice on behalf of Respondent No.1.

However, extra requisite copy of the petition be furnished to the learned counsel for the Respondent No.1 during the course of the day.

Call for the record from the learned Court below.

Pending disposal of the petition, the petitioners are allowed to remain on previous bail and the impugned judgment and order dated 15.06.2022 passed by the learned Additional Sessions Judge (FTC), Lakhimpur, in Criminal Appeal No.40(4)/2018 under Section 323/341/34 I.P.C. and also the judgment and order dated 31.10.2018, passed by the learned Chief Judicial Magistrate, Lakhimpur, in G.R. Case No.1520/2010 under Section 323/341/34 I.P.C, shall remain stayed.

List the matter after four weeks.

JUDGE

Comparing Assistant