Akbar Ali vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4247 Gua

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GAHC010229732023




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

                         Case No. : Crl.Rev.P./448/2023

         AKBAR ALI
         S/O KHUSID ALI
         R/O BORMABIL
         P.S. SAMAGURI
         DIST. NAGAON, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE PP, ASSAM

         2:MD. SIRAJUDDIN
          S/O LT. ABDUL HEKIM
         R/O BORMABIL
          P.S. SAMAGURI
         DIST. NAGAON
         ASSAM

         3:MD. JOINAL ABDIN
          S/O LT. ABDUL HEKIM
         R/O BORMABIL
          P.S. SAMAGURI
         DIST. NAGAON
         ASSAM

         4:MD. IBRAHIM ALI
          S/O LT. ABDUL HEKIM
         R/O BORMABIL
          P.S. SAMAGURI
         DIST. NAGAON
         ASSAM
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             5:MD. HASEN ALI
              S/O LT. ABDUL HEKIM
             R/O BORMABIL
              P.S. SAMAGURI
             DIST. NAGAON
             ASSA

Advocate for the Petitioner   : MR S M ABDULLAH P

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

11.10.2023

Heard Mr. S.M. Abdullah P, learned counsel for the petitioner and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

In this petition, under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner, namely, Akbar Ali has put to challenge the judgment and order dated 15.07.2023 passed by the learned Additional Sessions Judge No.3, Nagaon, in Criminal Appeal No.16/2020. It is to be noted here that vide impugned judgment and order dated 15.07.2023, the learned Additional Sessions Judge No.3, Nagaon, has dismissed the appeal preferred by the petitioner and thereby uphold the judgment and order dated 12.03.2020 passed by the learned Judicial Magistrate First Class, Kaliabor, in C.R. Case No.227/2019 by which the learned Judicial Magistrate First Class, Kaliabor, has convicted the petitioner under Section 211 of the IPC and sentenced him to suffer rigorous imprisonment for a period of 6(six) months and also to pay fine of ` 6,000/- with default stipulation.

Perused the petition and the documents placed on record and also perused the Page No.# 3/3

impugned judgment and orders of the learned Courts below.

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

Steps be taken upon the respondent No.2--5 by registered post with A/D and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1 since Mr. P. Borthakur, learned Additional P.P. has entered appearance and received notice. However, extra requisite copy of the petition be furnished to Mr. Borthakur during the course of the day.

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

Till disposal of the revision petition, the impugned judgment and order 15.07.2023 passed by the learned Additional Sessions Judge No.3, Nagaon, in Criminal Appeal No.16/2020 and also the impugned order dated 12.03.2020 passed by the learned Judicial Magistrate First Class, Kaliabor, in C.R. Case No.227/2019, shall remain stayed.

List the matter after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant