Liladhar Das vs M/S Assam Hire Purchase Company Pvt Ltd ...
2024 Latest Caselaw 5538 Gua

Gauhati High Court

Liladhar Das vs M/S Assam Hire Purchase Company Pvt Ltd ... on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                    Page No.# 1/3

GAHC010155722024




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

                                Case No. : Crl.Rev.P./294/2024

            LILADHAR DAS
            S/O LATE BHASKAR CH. DAS, VILL AND P.O.-MORIKOLONG,
            BENGENAATI, NEAR NAMGARH, DASGAON, NAGAON (ASSAM)



            VERSUS

            M/S ASSAM HIRE PURCHASE COMPANY PVT LTD AND ANR
            REPRESENTED BY ITS MANAGER, SRI SUNIL KUMAR SINGHI, 1ST FLOOR,
            SRI RAM MARKET, CHETRIBARI, GUWAHATI-781001

            2:THE STATE OF ASSAM
             REPRESENTED BY THE PUBLIC PROSECUTOR
            ASSA

Advocate for the Petitioner   : MR P C DEY, MR BASAB DEY

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 05.08.2024

Heard Mr.P.C.Dey, learned counsel for the petitioner. Also heard Mr. D.P.Goswami, learned Addl. Public Prosecutor for the State/respondent.

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By filing this criminal revision petition under Sections 397/401 of the CrPC/ r/w Sections 438/442 of BNSS, the petitioner has prayed for setting aside the impugned Judgment and Order dated 12.11.2018 passed by the learned JMFC,

Kamrup(M), Guwhati in CR Case No. 207C/2015 and to remain on previous bail whereby the petitioner was convicted under Section 406 IPC and sentenced to suffer SI for 6 months and to pay fine of Rs.5,000/- i/d to undergo SI For one month which was affirmed by the learned Additional Sessions Judge, No. 1, Kamrup (M), Guwahati in Criminal Appeal No. 187/2018 vide judgment dated 18.05.2024.

Issue notice to the respondents.

As Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent No.2, no formal notice need be issued. However, a copy of the petition along with the documents annexed there with be furnished to the learned Additional Public Prosecutor during the course of the day.

Petitioner to take steps for service of notice on respondent No.1 by registered post with A/D as well as by usual process, returnable within four weeks. Steps within 5 days.

Call for trial court records pertaining to CR Case No. 207 C/2015 . Registry is directed to procure the above records. Considering the submission of the parties, till the disposal of the criminal revision petition, the operation of the impugned sentence vide judgment and

order dated 12.11.2018 in CR Case No. 207C/2015 and 18.05.2024 in Criminal Appeal No. 187/2018 shall remain stayed and the petitioner shall remain on previous bail.

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List after 04(four) weeks.

JUDGE

Comparing Assistant