Biswajit Mandal vs The State Of Assam And Anr
2022 Latest Caselaw 3967 Gua

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GAHC010204772022




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

                                Case No. : Crl.Rev.P./499/2022

            BISWAJIT MANDAL
            S/O. SRI THAKURDAS MANDAL, VILL. BASUGAON, KHATALPARA, P.S.
            BASUGAON, DIST. CHIRANG, ASSAM, PIN-783372.



            VERSUS

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

            2:MAMPI MANDAL
             D/O. RANJIT SARKAR
            VILL. FAKIRAGRAM
             MOIBNABARI
             P.S. FAKIRAGRAM
             P.O. SHAKTI ASHRAM
             DIST. KOKRAJHAR
            ASSAM
             PIN-783354

Advocate for the Petitioner   : MR H DAS

Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                         HON'BLE MR. JUSTICE ROBIN PHUKAN


                                           ORDER

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30.09.2022.

Heard Mr. H. Das, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State/respondent No.1.

This petition under Section 401/397 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 14.09.2022, passed by the learned Sessions Judge, Chirang, in Criminal Appeal No.4/2022, whereby the learned Court below has convicted the petitioner under Section 323 IPC and sentenced him to suffer simple imprisonment for four months and acquitted him from the offence under Section 498(A) IPC.

And also the judgment and order dated 30.03.2022, passed in PRC Case No.06/2019 (corresponding to G.R. No.358/2018), passed by the learned JMFC, Chirang, arising out of Basugaon P.S. Case No.74/2018, whereby the learned JMFC, Chirang has convicted the petitioner under Section 498(A) IPC and sentenced him to suffer simple imprisonment for six months and also to pay fine of Rs.3,000/-, with default stipulation.

Perused the petition and the grounds mentioned therein and also perused the documents enclosed with the petition.

Admit.

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. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice. However, he shall be provided with requisite extra-copy of the Page No.# 3/3

petition during the course of the day.

Call for the original LCRs from the concerned Courts below.

Pending disposal of this petition, operation of the impugned judgment and order dated 14.09.2022, passed by the learned Sessions Judge, Chirang, in Criminal Appeal No.4/2022 and judgment and order dated 30.03.2022, passed in PRC Case No.06/2019 (corresponding to G.R. No.358/2018), passed by the learned JMFC, Chirang, arising out of Basugaon P.S. Case No.74/2018, stands stayed, till disposal of this petition.

List the matter after four weeks.

JUDGE

Comparing Assistant