Abdul Hai Sheikh @ Abdul Hai vs The State Of Assam And Anr
2023 Latest Caselaw 3803 Gua

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GAHC010210172023




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

                                Case No. : Crl.Rev.P./406/2023

            ABDUL HAI SHEIKH @ ABDUL HAI
            S/O MAYNAL SHEIKH
            R/O VILL- UTTAR RAIPUR PART-I
            P.S. GOAKGANJ, DIST. DHUBRI, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            TO BE REP. BY THE LEARNED PP, ASSAM

            2:MD. ALI HUSSAIN AHMED
             S/O ABDUL AZIZ SK.
            AND R/O VILL- UTTAR RAIPUR PART-II
             P.S. GOLAKGANJ
             IN THE DISTRICT OF DHUBRI
            ASSA

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                  HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                  ORDER

19.09.2023

Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State respondent.

This revision petition is filed under Sections 397 and 401 read with Section 482 of the Code of Criminal Procedure, 1973 praying for setting aside and quashing the impugned Judgment and order dated 17.07.2023 passed by the learned Additional Sessions Judge, Dhubri in Criminal Appeal No.02./2021 upholding the conviction of the petitioner vide the impugned Judgment and Order dated 04.01.2021 passed by the learned Chief Judicial Magistrate, Dhubri in G.R. Case No.704/2013.

Issue notice to the respondents.

Since Mr. B. B. Gogoi, learned Additional Public Prosecutor, has entered appearance and accepted notice on behalf of the State respondent No. 1, no formal notice is required to be issued to the said respondent. However, he shall be provided with requisite extra-copy of the petition, during the course of the day.

The learned counsel for the petitioner shall take steps for service of notice upon respondent No. 2 by registered post with A/D as well as by usual process within a week from today.

The learned counsel for the petitioner has prayed for listing of another connected petition being Crl.Rev.P.344/2023, wherein, LCR has already been Page No.# 3/3

called for, in connection with the instant case.

Considering the submissions made by the learned counsels of both sides, the petition is admitted for hearing.

List the matter along with Crl.Rev.P.344/2023 on a date to be fixed by the Registry.

JUDGE

Comparing Assistant