Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 400 Gua

                                                         Page No.# 1/3

GAHC010011362023




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


                                  I.A.(Crl.)/42/2023
                                  in
                                  Crl Rev P 36/2023

         RAJESH KHAN @ RAJESH ALI KHAN AND 3 ORS
         S/O- AHAMMAD KHAN
         R/O- VILL.- MOIRAMARA
         P.S. HOWLY
         DIST. BARPETA
         ASSAM

         2: ABDUR RAHIM KHAN
         S/O- AHAMMAD KHAN
          R/O- VILL.- MOIRAMARA
          P.S. HOWLY
          DIST. BARPETA
         ASSAM

         3: JIARUL HOQUE KHAN
         S/O- AHAMMAD KHAN
         R/O- VILL.- MOIRAMARA
         P.S. HOWLY
         DIST. BARPETA
         ASSAM

         4: SHAJAHAN KHAN @ SHAJAHAN ALI KHAN
         S/O- AHAMMAD KHAN
         R/O- VILL.- MOIRAMARA
         P.S. HOWLY
         DIST. BARPETA
         ASSAM
         VERSUS

         THE STATE OF ASSAM AND ANR
         REPRESENTED BY THE PUBLIC PROSECUTOR
                                                                                  Page No.# 2/3

          ASSAM

          2:ANOWAR KHAN
          S/O- LATE GAHER ALI KHAN
          VILL.- MOIRAMARA
           P.S. HOWLY
           DIST. BARPETA
          ASSAM
           PIN- 781316.
           ------------
          Advocate for : MR. R ALI
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR



                                  BEFORE
                 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

06.02.2023 Heard Mr. H A Ahmed, learned counsel representing the applicants as well as Mr. K K Porasor, learned Additional Public Prosecutor, Assam appearing for the State Respondent.

Issue Notice.

No formal notice need be issued on the respondent no. 1 as because Mr. Porasor has accepted notice on behalf of the said respondent. However, extra copies be furnished.

Applicants shall take steps for service of notice on the respondent no. 2 by registered post with A/D and other usual process.

This is an application filed under Section 389 of the CrPC praying for stay of operation of the impugned judgment and order dated 12.08.2022 passed by the Chief Judicial Magistrate, Barpeta in GR Case No. 7593/2013 which was upheld by the Additional Sessions Judge, Barpeta in Criminal Appeal No. 27/2022.

The petitioner is already on bail. Therefore, he is allowed to remain on previous bail. The impugned judgment and order dated 12.08.2022 passed by the Chief Judicial Page No.# 3/3

Magistrate, Barpeta in GR Case No. 7593/2013 which was upheld by the Additional Sessions Judge, Barpeta in Criminal Appeal No. 27/2022 shall remain stayed till disposal of this revision petition.

JUDGE

Comparing Assistant