Kesharam Das vs The State Of Assam And Anr
2023 Latest Caselaw 1090 Gua

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GAHC010048762023




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

                                Case No. : Crl.Rev.P./111/2023

            KESHARAM DAS
            S/O- SRI LOHIT CH. DAS, R/O- SARAGUA GAON, P.O. SARAGUA, P.S.
            DEMOW, DIST. SIVASAGAR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MUKUTA DAS
             S/O- SRI KHAGEN DAS
             R/O- SARAGUA GAON
             P.O. SARAGUA
             P.S. DEMOW
             DIST. SIVASAGAR
            ASSAM
             PIN- 785672

Advocate for the Petitioner   : MS. P BORAH

Advocate for the Respondent : PP, ASSAM
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                          BEFORE
           HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                      ORDER

Date : 20.03.2023

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

This revision petition under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 21.12.2022, passed by the learned Additional Sessions Judge, Sivasagar, in Criminal Appeal No. 24(3) of 2019, whereby, the learned Court below upheld the judgment and order dated 29.06.2019, passed by the learned Chief Judicial Magistrate, Sivasagar, in G.R. Case No. 1789/2016, convicting the appellant- Shri Kesharam Das and sentenced him to undergo Simple Imprisonment for a period of 3 (three) months and to pay fine of Rs. 2,000/- in default to undergo Simple Imprisonment for 1 (one) month under Section 509 of the Indian Penal Code.

Admit.

Issue notice to the respondents, returnable in 4 (four) weeks.

Since Mr. P. Borthakur, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be Page No.# 3/3

provided with requisite extra-copy of the petition during the course of the day, if not already furnished.

Learned counsel for the petitioners shall take steps for causing service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

Also, call for the scanned copy of the records from the learned Courts below.

List the matter after 4 (four) weeks.

JUDGE

Comparing Assistant