Sasin Pegu vs The State Of Assam And Anr
2023 Latest Caselaw 4522 Gua

                                                                         Page No.# 1/2

GAHC010245712023




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

                                Case No. : Crl.Rev.P./471/2023

            SASIN PEGU
            S/O LATE BHAGAN PEGU, R/O RATANPUR MIRI GAON, P.S.-
            JENGRAIMUKH, DIST-MAJULI, ASSAM

            VERSUS

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

            2:SMT. RUMI PEGU
            W/O SRI RACHIYA PEGU
             R/O RATANPUR MIRI GAON
             P.S.-JENGRAIMUKH
             DIST-MAJULI
            ASSA

Advocate for the Petitioner   : MR. R CHETRI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 06.11.2023 Heard Mr. R. Chetri, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State.

This application under Section 397/401 of the Code of Criminal Page No.# 2/2

Procedure, 1973 has been preferred by the petitioner impugning the judgment dated 31.08.2023 passed by learned Sessions Judge, Majuli in Criminal Appeal No. 04/2023 whereby the judgment and order dated 05.06.2018 passed by the learned Sub-Divisional Judicial Magistrate, Majuli in GR Case No. 59/2017 under Section 354/448 of the Indian Penal Code whereby the present petitioner was convicted under the aforesaid provisions of law and was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment of 30 days and sentence of simple imprisonment of six months and to pay a fine of Rs.200/- and in default to undergo simple imprisonment for ten days under Section 448 of the Indian Penal Code.

Issue notice to the respondents.

Since learned Additional Public Prosecutor receives notice on behalf of respondent No. 1, no formal notice need to be issued to respondent No. 1. However, as regards the respondent No. 2, the petitioner shall take steps for issuance of notice to the respondent No. 2 by registered post with A/D within three days from the date of this order, returnable after 4(four) weeks.

JUDGE

Comparing Assistant