Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 9 Gua

                                                            Page No.# 1/3

GAHC010269712022




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

                           Case No. : Crl.Rev.P./610/2022

         KUSHAL DAS AND 3 ORS.
         S/O MOHAN CHNADRA DAS,
         VILL.- KAMARPARA (GOSAIGAON),
         P.S.- MANGALDOI,
         PIN- 783360,
         DIST.- DARRANG, ASSAM.

         2: LAKHI PRABHA DAS
         W/O KUSHAL DAS

         VILL.- KAMARPARA (GOSAIGAON)

         P.S.- MANGALDOI

         PIN- 783360

         DIST.- DARRANG
         ASSAM.

         3: SHUKLA DAS
          S/O KUSHAL DAS

         VILL.- KAMARPARA (GOSAIGAON)

         P.S.- MANGALDOI

         PIN- 783360

         DIST.- DARRANG
         ASSAM.

         4: BORNALI DAS
         W/O SHUKLA DAS
                                                                                 Page No.# 2/3

            VILL.- KAMARPARA (GOSAIGAON)

            P.S.- MANGALDOI

            PIN- 783360

            DIST.- DARRANG
            ASSAM

            VERSUS

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

            2:URMILA DAS
            W/O LATE RAJIB DAS

            D/O BHOGNATH DAS

            VILL.- SAIKIAPARA

            P.O.- MENAPARA

            P.S.- MANGALDOI

            DIST.- DARRANG
            ASSAM
            PIN- 784146

Advocate for the Petitioner   : MR. A PAUL

Advocate for the Respondent : PP, ASSAM

BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

02.01.2023

Heard Mr. A. Paul, the learned counsel for the petitioners who have filed this petition under Section 397/401 of Cr.P.C against the judgment and order dated 26.09.2022 passed by the learned Sessions Judge, Darrang, Mangaldai in criminal appeal no. 7/2021 and Page No.# 3/3

corresponding to C.R. Case No. 511/2014. It is submitted that the petitioners have already paid a fine of Rs. 5,000/- each to the respondent no. 2 after the judgment and order in C.R. Case No. 511/2014 was passed. Now, the petitioners have challenged the enhancement of the fine of Rs. 5,000/- to Rs. 8,000/- each under Section 406/34 IPC.

Mr. P. Borthakur, learned Addl. P.P. appearing for the State respondent no. 1 and he has received the copy of this petition.

Issue notice to the respondent no. 2.

The petitioners are directed to take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 7(seven) days.

Call for the LCR from the SDJM, Mangaldai.

Meanwhile, the impugned order dated 26.09.2022 passed in Criminal Appeal No. 7/2021 is hereby stayed until further orders.

List the matter after 4(four) weeks along with connected criminal revision petition no. 532/2022.

JUDGE

Comparing Assistant