Saponti Borthakur vs The State Of Assam And Anr
2023 Latest Caselaw 1184 Gua

                                                                 Page No.# 1/3

GAHC010063722023




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

                                Case No. : Crl.Rev.P./126/2023

            SAPONTI BORTHAKUR
            S/O- LATE LAKHI BORTHAKUR,
            R/O- BHIRGAON, P.S.- BISWANATH CHARIALI,
            DISTRICT- SONITPUR, ASSAM.



            VERSUS

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

            2:MAHESH DAS
             S/O- SRI RAJENDRA CH. DAS

            R/O- VILLAGE- BOGIBARI

            P.O.- HAHARA

            P.S.- KHETRI
             DISTRICT- KAMRUP(M)

            ASSAM

Advocate for the Petitioner   : MR. M BISWAS

Advocate for the Respondent : PP, ASSAM
                                                                        Page No.# 2/3

                                BEFORE
                 HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                     ORDER

23.03.2023

Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Public Prosecutor for the State respondent.

This is a review petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judgment & order dated 16.03.2023, passed by the learned Additional Sessions Judge No.2, Kamrup(M), Assam in Criminal Appeal No. 199/2019 upholding the judgment & order dated 15.11.2019 passed by the learned Judicial Magistrate First Class, Kamrup (M), in G.R. Case No. 1895/2013.

Issue notice to the respondent, returnable by 4(four) weeks.

Since Mr. P. Borthakur, learned Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, if not already served, during the course of the day.

The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as usual process within three days from today.

Page No.# 3/3

It is seen that the accused person is found to be guilty of the offences under Sections 465/468/471 of the IPC and is convicted for the same accordingly.

` Considering the submissions made by the learned Advocates of both sides, judgment & order dated 16.03.2023, passed by the learned Additional Sessions Judge No.2, Kamrup(M), Assam in Criminal Appeal No. 199/2019 upholding the judgment & order dated 15.11.2019 passed by the learned Judicial Magistrate First Class, Kamrup (M), in G.R. Case No. 1895/2013, stands suspended till disposal of this case and the petitioner is allowed to remain on previous bail.

Call for the original records.

List the matter after 4(four) weeks.

JUDGE

Comparing Assistant