Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 3926 Gua

                                                                      Page No.# 1/3

GAHC010200462022




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

                                Case No. : Crl.Rev.P./490/2022

            SURJYA GOGOI AND ANR
            S/O. LT. BHULA GOGOI, VILL. MAUTOR CHUK, P.O. BAHADUR CHUK, P.S.
            NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM.

            2: CHANDRA GOGOI

             S/O. LT. BHULA GOGOI
             VILL. MAUTOR CHUK
             P.O. BAHADUR CHUK
             P.S. NORTH LAKHIMPUR
             DIST. LAKHIMPUR
             ASSAM

            VERSUS

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

            2:SMT. KALPANA GOGOI

             C/O. CHENEHI GOGOI
             VILL. MAUTORCHUK
             P.O. BAHADURCHUK
             P.S. NORTH LAKHIMPUR
             DIST. NORTH LAKHIMPUR
             ASSAM
             PIN-787031

Advocate for the Petitioner   : MR. T J MAHANTA

Advocate for the Respondent : PP, ASSAM
                                                   Page No.# 2/3



Linked Case : I.A.(Crl.)/585/2022

SURJYA GOGOI AND ANR
S/O. LT. BHULA GOGOI
VILL. MAUTOR CHUK
P.O. BAHADUR CHUK
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.

2: CHANDRA GOGOI

S/O. LT. BHULA GOGOI
VILL. MAUTOR CHUK
P.O. BAHADUR CHUK
P.S. NORTH LAKHIMPUR
DIST. LAKHIMPUR
ASSAM.
VERSUS

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

2:SMT. KALPANA GOGOI

C/O. CHENEHI GOGOI
VILL. MAUTORCHUK
P.O. BAHADURCHUK
P.S. NORTH LAKHIMPUR
DIST. NORTH LAKHIMPUR
ASSAM
PIN-787031.
------------
Advocate for : MR. T J MAHANTA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.



                         BEFORE
            HON'BLE MR. JUSTICE ROBIN PHUKAN


                               ORDER

Page No.# 3/3

29.09.2022.

Heard Mr. TJ Mahanta, learned Senior counsel, being assisted by Ms. P. Bhattacharya, learned counsel for the petitioner and Mr. K.K. Das, learned Additional Public Prosecutor, Assam for the State/respondent No.1.

This interlocutory application is preferred by applicants, namely, Surjya Gogoi and Chandra Gogoi for suspension of sentence, passed by the learned Judicial Magistrate First Class, Lakhimpur in G.R. Case No.640/2014, convicting them under Sections 498(A)/323 of the IPC.

The connected revision petition has already been admitted and the record has already been called for from the learned Courts below and having considered the submission of learned Advocates of both sides and also considering the factgs and circumstances on the record and the ground mentioned in the revision petition, this I.A. stands allowed.

Accordingly the operation of the impugned as well as the judgment and order dated 21.01.2021, passed by the learned Judicial Magistrate First Class, Lakhimpur in G.R. Case No.640/2014 as well as the judgment and order dated 18.08.2022, passed in Criminal Appeal No.2(1)/2021, by the learned Addl. Sessions Judge (FTC), Lakhimpur at North Lakhimpur shall remain stayed, till disposal of the revision petition.

In terms of the above, this application stands disposed of.

JUDGE

Comparing Assistant