Page No.# 1/3 vs The State Of Assam
2024 Latest Caselaw 5539 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                     Page No.# 1/3

GAHC010154372024




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

                                Case No. : Crl.Rev.P./292/2024

            MUKTADIR RAHMAN AND ANR
            S/O LATE ABDUL MAZID SARKAR, R/O VILL- NORTH KHOPATIA, P.O.-
            HAZIRHAT, P.S.-SUKCHAR, DIST-SOUTH SALMARA MANKACHAR, ASSAM,
            PIN-783128

            2: MONIRUL ISLAM
             S/O LATE MONTAZ ALI
             R/O VILL- NORTH KHOPATIA
             P.O.-HAZIRHAT
             P.S.-SUKCHAR
             DIST-SOUTH SALMARA MANKACHAR
            ASSAM
             PIN-78312

            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner   : MR. R ALI, MR M Z SHAH

Advocate for the Respondent : PP, ASSAM,


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 05.08.2024 Heard Mr.R.Ali learned counsel for the petitioners. Also heard Mr. D.P.Goswami, learned Addl. Public Prosecutor for the State/respondent.

Page No.# 2/3

By filing this criminal revision petition under Sections 438/442/528 of BNSS, the petitioner has prayed for setting aside the impugned Order dated 11.06.2024 passed in Criminal Appeal No.01/2021 by the learned Sessions Judge, South Salmara, Mankachar by upholding the judgment and order dated 18.12.2018 passed in GR Case No. 601/2011 passed by the learned JMFC, South Salmara Mankachar at Hatsingimari whereby the petitioner was directed to pay fine of Rs.500/- on each count for the offence under Section 341/427/323 IPC.

Issue notice to the respondent.

As Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam has entered appearance on behalf of the State respondent, 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.

Call for trial court records pertaining to GR Case No. 601/2011 . 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 order dated 11.06.2024 passed in Criminal Appeal No.01/2021 by the learned Sessions Judge, South Salmara, Mankachar by upholding the judgment and order dated 18.12.2018 passed in GR Case No. 601/2011 passed by the learned JMFC, South Salmara Mankachar shall remain stayed. The petitioner is also allowed to remain on previous bail till disposal of the revision petition.

List after 03(three) weeks.

JUDGE Page No.# 3/3

Comparing Assistant