Page No.# 1/3 vs The State Of Assam And Anr
2022 Latest Caselaw 3934 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
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                                  BEFORE
                     HON'BLE MR. JUSTICE ROBIN PHUKAN


                                    ORDER

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.

In this petition under Section 397 of the Code of Criminal Procedure, 1973, the two petitioners, namely, Surjya Gogoi and Chandra Gogoi have challenged the legality, propriety and correctness of the judgment and order dated 21.01.2021, passed by the learned Judicial Magistrate First Class, Lakhimpur in G.R. Case No.640/2014, convicting the accused/petitioners under Sections 498(A)/323 of the IPC, sentencing the petitioners to undergo simple imprisonment for one year under Section 498A of the IPC with default stipulation and further simple imprisonment for six months under Section 323 of the IPC.

The petitioner have also put to challenge the impugned judgment and order dated 18.08.2022, passed in Criminal Appeal No.2(1)/2021, whereby the learned Addl. Sessions Judge (FTC), Lakhimpur at North Lakhimpur has dismissed the appeal preferred by the petitioners and upheld the order of conviction, passed by the learned Judicial Magistrate First Class, Lakhimpur in G.R. Case No.640/2014.

Heard learned Advocates for the parties and perused the petition and the documents placed on record.

Admit.

Page No.# 3/3

Let notice be issued returnable in 4 (four) weeks.

Steps be taken for service of notice upon respondent No.2, by registered post with A/D as well as by usual process within a week from today.

No formal notice is required to be issued to State respondent No.1, as Mr. K.K. Das, learned Additional Public Prosecutor, has entered appearance and accepted notice. However, he shall be provided with requisite extra-copy of the petition during the course of the day.

Call for the original LCRs from the concerned Courts below.

List the matter after four weeks.

JUDGE

Comparing Assistant