Page No.# 1/3 vs The State Of Assam And Anr
2023 Latest Caselaw 4270 Gua

                                                                 Page No.# 1/3

GAHC010227072023




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

                                Case No. : Crl.Rev.P./443/2023

            MD. SHOHIDUL ISLAM AND 2 ORS
            S/O MD. ABDUL MATLEB
            R/O VILL- NO.1 AHMEDPUR
            P.S. BIHPURIA
            DIST. LAKHIMPUR, ASSAM

            2: MD. NEKIBUDDIN AHMED @ MD. NEKIBUDDIN ISLAM
             S/O MD. ABDUL MATLEB
            R/O VILL- NO.1 AHMEDPUR
            P.S. BIHPURIA
            DIST. LAKHIMPUR
            ASSAM

            3: MD. KHADIMUL ISLAM
             S/O MD. ABDUL MATLEB
            R/O VILL- NO.1 AHMEDPUR
            P.S. BIHPURIA
            DIST. LAKHIMPUR
            ASSA

            VERSUS

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

            2:MUSST. LATIFA BEGUM
             W/O IBRAHIM ALI
            R/O VILL- NO. 2 ISLAMPUR
            P.S. BIHPURIA
            DIST. LAKHIMPUR
            ASSA

Advocate for the Petitioner   : MR M HOQUE
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Advocate for the Respondent : PP, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

12.10.2023

Heard Mr. M. Hoque, learned counsel for the petitioners.

This Criminal Revision Petition is filed under Section 401/397 of the Code of Criminal Procedure, against the impugned judgment and order dated 20.07.2023 passed by the learned Sessions Judge, Lakhimpur at North Lakhimpur in Criminal Appeal No. 13(2)/2022 affirming the order of conviction and sentence dated 27.05.2022 passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in GR Case No.1228/2012 against the present petitioners and sentencing the petitioner/accused No. 1 to Simple Imprisonment for 3 (three) months for the offence under Section 448 of IPC and Simple Imprisonment for 1 (one) year and to pay fine of Rs. 5000/- (Rupees five thousand) only and i.d. to S.I. for 2 (two) months for the offence under Section 326/34 of IPC and sentenced the petitioner/accused No. 2 to Simple Imprisonment for 1 (one) year and to pay fine of Rs. 5000/- (Rupees five thousand) only and i.d. to S.I. for 2 (two) months for the offence under Section 326/34 of IPC, and sentenced the petitioner/accused No. 3 to simple imprisonment for 1 (one) year and to pay fine of Rs. 5000/- (Rupees five thousand) only and i.d. to S.I. for 2 (two) months for the offence under Section 326/34 of IPC.

Page No.# 3/3

Issue notice returnable after six weeks.

As the learned Additional Public Prosecutor for the State of Assam accepts notice on behalf of the respondent No. 1, no formal notice need be issued to the respondent No. 1.

The petitioners to take steps for issuance of notice upon the respondent No. 2 by way of registered post with A/D as well as by usual process within a period of five days from today.

Considering the period of sentence and the nature of allegations and the materials available on record, till such return of notice, the impugned judgment and order dated 20.07.2023 passed by the learned Sessions Judge, Lakhimpur at North Lakhimpur in Criminal Appeal No. 13(2)/2022 as well as the order of conviction and sentence dated 27.05.2022 passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in GR Case No.1228/2012 shall remain suspended.

List accordingly.

JUDGE

Comparing Assistant