Mohibul Hoque @ Mohibul Islam vs The State Of Assam And Anr
2023 Latest Caselaw 3693 Gua

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GAHC010166612022




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

                                Case No. : Crl.Rev.P./371/2023

            MOHIBUL HOQUE @ MOHIBUL ISLAM
            S/O LATE TONKA SHEIKH @ TAZUDDIN, R/O VILL.-DHARAMSHALA PART-
            IV, P.O.DHUBRI, P.S.- DHUBRI, DIST.- DHUBRI, ASSAM, PIN-783301.


            VERSUS

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

            2:SMTI. AFRUZA BIBI
             D/O ASKER ALI
            W/O MOHIBUL HOQUE
             R/O VILL.-KAHUARKHASH PART-II
             P.O.-DHUBRI
             P.S. AND DIST.-DHUBRI
            ASSAM
             PIN-783301

Advocate for the Petitioner   : MR. A A R KARIM

Advocate for the Respondent : MR. R ISLAM (R-2)




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

13.09.2023

Heard Mr. A.A.R. Karim, learned counsel for the petitioner, Mr. P. Borthakur, learned Page No.# 2/3

Additional Public Prosecutor, Assam, appearing for the State respondent No.1 and Mr. R. Islam, learned counsel for the respondent No.2.

In this petition under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 and under Article 227 of the Constitution of India, the petitioner, namely, Mohibul Hoque @ Mohibul Islam has challenged the correctness or otherwise of the judgment and order dated 09.03.2021 passed in Criminal Appeal No.06/2020, by the learned Additional Sessions Judge, Dhubri. It is to be noted here that vide impugned judgment and order, the learned Court below has affirmed the judgment and order dated 24.02.2020, in G.R. Case No.4401/2016, under Section 498(A) of the IPC passed by the learned Judicial Magistrate First Class, Dhubri, whereby the learned Magistrate has convicted the petitioner under Section 498(A) of the IPC and sentenced him to suffer S.I. for 6(six) months and also to pay a fine of ` 1,000/- with default stipulation.

Mr. Karim, learned counsel for the petitioner submits that the petitioner and the respondent No.2 have already arrived at a compromise and a petition was also filed before the learned Court below, but the learned Court below has refused to consider the same.

Mr. Islam, learned counsel for the respondent No.2 also adopted the submission so advanced by Mr. Karim, learned counsel for the petitioner.

In view of above, let notice be issued, returnable on 10.10.2023.

No formal notice is required to be issued to the respondents since both the respondents are represented by their respective counsel. However, extra requisite copy of the petition be furnished to the learned counsel appearing for the respondents during the course of the day.

Registry shall call for the scanned copy of the record from the learned Court below.

In the meantime, the respondent No.2 shall file an affidavit before this Court, to substantiate the factum of compromise.

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Till returnable date, the impugned judgment and order, dated 09.03.2021, passed in Criminal Appeal No.06/2020, stands stayed.

Sd/- Robin Phukan JUDGE

Comparing Assistant