Md. Shakirul Haque vs The State Of Assam And Anr
2023 Latest Caselaw 1598 Gua

Citation : 2023 Latest Caselaw 1598 Gua
Judgement Date : 21 April, 2023

Gauhati High Court

Md. Shakirul Haque vs The State Of Assam And Anr on 21 April, 2023

                                                                 Page No.# 1/2

GAHC010082392023




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

                                Case No. : Crl.Rev.P./156/2023

            MD. SHAKIRUL HAQUE
            S/O MD. ATAUR RAHMAN
            R/O KHOIRAMARI, DHING,
            P.S. DHING,
            PIN-782123
            DIST. NAGAON, ASSAM



            VERSUS

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

            2:SMTI. JYOTI DOLEY
             R/O VILL- JENGRAIMUKH
            (MAJULI)
             P.O. AND P.S. JENGRAIMKH
            DIST. MAJULI
             ASSAM
            PIN-78510

Advocate for the Petitioner   : MR. M HASAN

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                          ORDER

Date : --21.04.2023 Page No.# 2/2

Heard Ms. S.Z. Hayat, learned counsel for the petitioner.

The petitioner has filed an application under Sections 397 and 401 of the Cr.PC challenging the impugned judgment & order dated 14.02.2023 passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Appeal No. 05(S-3)/2021 and the judgment & order dated 06.04.2021 passed by the Chief Judicial Magistrate, Sonitpur, Tezpur in connection with G.R. Case No. 2454/2015.

The petitioner was convicted under Section 354(c) IPC to undergo Rigorous Imprisonment for 3 years and pay a fine of Rs. 20,000/- with default stipulation and this conviction was scaled down by the learned Sessions Judge to Rigorous Imprisonment for 2 years and a fine of Rs. 5,000/- with default stipulation. The petitioner is aggrieved by the judgment and order and has challenged the propriety and legality of the judgement & orders.

Issue notice to respondent No. 2 returnable within 4 (four) weeks by registered post with A/D.

Call for the LCR of G.R. Case No. 2454/2015 and Criminal Appeal Case No. 05(S-

3)/2021.

The operation of the impugned judgment & orders of conviction and sentence in G.R. Case No. 2454/2015 and Criminal Appeal Case No. 05(S-3)/2021 are stayed until further orders.

List accordingly.

JUDGE

Comparing Assistant