Rahul Dutta vs The State Of Assam And Anr
2023 Latest Caselaw 4086 Gua

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GAHC010223682023




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

                                Case No. : Crl.Rev.P./430/2023

            RAHUL DUTTA
            S/O AJIT DUTTA R/O REHABARI MA ROAD P.S PALTAN BAZAR GUWAHATI
            781008 DIST. KARMRUP METRO ASSAM



            VERSUS

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

            2:JAGADISH DAS
             S/O LT. HAREKRISHNA DAS R/O SUKANJAN EKORANI BASTI P.S BOKAJAT
            PIN 782480 DIST. KARBI ANGLONG ASSA

Advocate for the Petitioner   : MR D CHUTIA

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

03.10.2023

This application under Sections 397/401 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner, namely, Shri Rahul Dutta, impugning the judgment and order dated 16.09.2023, passed by learned Page No.# 2/2

Sessions Judge, Karbi Anglong, Diphu in Criminal Appeal No. 03/2020, whereby the conviction and sentence passed by learned Judicial Magistrate First Class, Karbi Anglong, Diphu, convicting the present petitioner under Section 387 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 2(two) years and to pay a fine of Rs. 3,000/- and in default of payment of fine to undergo simple imprisonment for 2(two) months.

Issue notice to the respondents.

Call for the case records of Criminal Appeal No. 03/2020, along with the case record of G.R. Case No. 618/2017.

The petitioner shall take steps for issuance of notice on the respondent No. 2 through registered post with A/D within 3(three) days from the date of this order, returnable after 4(four) weeks.

As regards respondent No. 1 is concerned, as Ms. S.H. Bora receives notice, no formal notice needs to be issued.

Let this matter be listed again on 06.11.2023.

JUDGE

Comparing Assistant