Page No.# 1/2 vs State Of Assam And Anr
2023 Latest Caselaw 3551 Gua

                                                                       Page No.# 1/2

GAHC010149242023




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

                                  Case No. : Crl.A./316/2023

            ANKUR DEKA
            S/O- BIREN DEKA,
            R/O- VILLAGE NAKHONDA, P.S.- RAHA, DISTRICT- NAGAON, ASSAM.PIN-
            782001.

            VERSUS

            STATE OF ASSAM AND ANR.
            REPRESENTED BY PP, ASSAM.

            2:SAILENDRA DEKA
             S/O- SRI HALIRAM DEKA
             R/O- VILLAGE NAKHANDA
             P.S.- RAHA
             DISTRICT- NAGAON
            ASSAM

Advocate for the Petitioner   : MR. M K DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 01.09.2023 Heard Mr. M. K. Das, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.

Page No.# 2/2

This application under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the petitioner, namely, Ankur Deka, impugning the Judgment and Order dated 15.09.2021, passed by the Court of Additional Sessions Judge-I, Kamrup(M), Guwahati in Sessions Case No. 118/2016, whereby the appellant was convicted under Section 380 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for three years and also to pay fine of Rs. 3,000/- and, in default, to undergo simple imprisonment for one month.

Let the notices be issued to the respondents.

As Mr. K. K. Parasar, learned Additional Public Prosecutor has accepted the notice for State of Assam i.e. respondent No. 1, no separate notices need to be issued to respondent No. 1.

However, as regards the respondent No. 2, the petitioner shall take steps for issuance of notice by registered post with A/D within three days, returnable on 29.09.2023.

List this matter again on 29.09.2023.

JUDGE

Comparing Assistant