Saddam Hussain vs The State Of Assam
2023 Latest Caselaw 4505 Gua

                                                                             Page No.# 1/2

GAHC010231552023




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

                                Case No. : Crl.Rev.P./466/2023

             SADDAM HUSSAIN
             S/O SATTAR ALI, VILL-KHASH KHAMAR POWAR PT.II, P.O. AND P.S.-
             GAURIPUR, DIST- DHUBRI, ASSAM

             VERSUS

             THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM


Advocate for the Petitioner   : MR B SINHA

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

06.11.2023

Heard Mr. B. Sinha, learned counsel for the petitioner and also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

In this petition, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the petitioner, namely, Saddam Hussain, has challenged the correctness or otherwise of the judgment and order dated 09.08.2023 passed by the learned Additional Sessions Judge, Dhubri, in Criminal Appeal No.3/2020. It is to be noted here Page No.# 2/2

that vide impugned judgment and order dated 09.08.2023, the learned Court below has uphold and affirmed the conviction and sentence passed by the learned Judicial Magistrate First Class, Dhubri, in G.R. Case No.3451/2014 under Section 498-A IPC. It is to be noted here that vide impugned judgment and order dated 21.01.2020, the learned Trial Court has convicted the petitioner under Section 498A IPC and sentenced him to suffer S.I. for 7 months and also to pay a fine of ` 1,000/- with default stipulation.

Perused the petition and the documents placed on record and also perused the impugned judgment and order 09.08.2023 passed by the learned Additional Sessions Judge, Dhubri, in Criminal Appeal No.3/2020 and also the judgment and order dated 21.01.2020 passed by the learned Judicial Magistrate First Class, Dhubri, in G.R. Case No.3451/2014 under Section 498-A IPC.

Let notice be issued to the respondent, returnable in 4(four) weeks.

No formal notice is required to be issued to respondent since Mr. B. Sarma, learned Additional P.P., Assam has entered appearance and received notice. However, extra requisite copy of the petition be furnished to Mr. Sarma during the course of the day.

Registry shall call for the records from the learned Court below.

Having considered the submission of learned Advocates of both sides and also balancing the equities between the parties, operation of the impugned impugned judgment and order 09.08.2023 passed by the learned Additional Sessions Judge, Dhubri, in Criminal Appeal No.3/2020 and also the judgment and order dated 21.01.2020 passed by the learned Judicial Magistrate First Class, Dhubri, in G.R. Case No.3451/2014 under Section 498-A IPC, shall remain stayed, till disposal of this revision petition.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant