Bikash Konwar vs The State Of Assam And Anr
2023 Latest Caselaw 3804 Gua

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GAHC010190082023




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

                                  Case No. : Crl.A./317/2023

            BIKASH KONWAR
            S/O SAMBHU KONWAR,
            VILL.- DIGHAL ATI, P.O.- RAHA, P.S.- RAHA, DIST.- NAGAON, ASSAM.
            TEMPORARY ADD. PWD COLONY, P.S.- DIPHU, DIST.- KARBI ANGLONG,
            ASSAM.

            VERSUS

            THE STATE OF ASSAM AND ANR.
            TO BE REP. BY THE LD. P.P., ASSAM.

            2:KOLOM SING TERON
             S/O LANGTON TERON
            VILL.- SAM TERON GAON
             LONGNIT
             P.S.- BAKULIA
             DIST.- KARBI ANGLONG
            ASSAM
             PIN

Advocate for the Petitioner   : MR. M H LASKAR

Advocate for the Respondent : PP, ASSAM


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

19.09.2023

Heard Mr. M.H. Laskar, learned counsel for the appellant and also heard Mr. D. Das, Page No.# 2/2

learned Additional Public Prosecutor, Assam, appearing for the State respondent.

Mr. Das, learned Additional P.P. submits that this appeal is directed against the judgment and order dated 28.06.2023 passed by the learned Assistant Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No.116/2016 under Section 341/354 IPC and the learned Court below has sentenced the appellant to suffer simple imprisonment for a period of 1(one) month punishable under Section 341 IPC and to pay a fine of Rs.500/- and in default of payment of fine, he shall undergo simple imprisonment for 1(one) month and also sentenced to undergo rigorous imprisonment for a period of 4(four) years punishable under Section 354 IPC and also to pay a fine of Rs.10,000/- and in default of payment of fine, the appellant shall undergo rigorous imprisonment for a period of 2(two) months and against the aforesaid judgment and order of conviction the appeal usually lies before the Court of learned Sessions Judge.

In view of the submission of Mr. Das, learned Additional P.P. for the State respondent, Mr. Laskar, learned counsel for the appellant submits that he may be permitted to withdraw this appeal and to approach the appropriate Court.

Prayer of Mr. Laskar is accordingly allowed.

This criminal appeal stands disposed of on withdrawal. However, liberty will remain with the appellant to approach appropriate Court by filing appropriate petition or appeal.

Sd/- Robin Phukan JUDGE

Comparing Assistant