Deep Jyoti Kalita vs The State Of Assam And Anr
2024 Latest Caselaw 5541 Gua

Gauhati High Court

Deep Jyoti Kalita vs The State Of Assam And Anr on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                   Page No.# 1/3

GAHC010143332024




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

                                Case No. : Crl.Rev.P./274/2024

            DEEP JYOTI KALITA
            S/O RAMESWAR @ RAM CHARAN KALITA, P/R/O MURKUCHIA PARA, P.O.-
            NIZ BANGALI PARA, P.S.-BARAMA, DIST-BAKSA (BTAD) AND TEMP. R/A
            BARPATHAR, SANDHYACHAL PAHAR, BASISTHA, GUWAHATI, P.S.-
            BASISTHA, DIST- KAMRUP (M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:MINTU PAUL
             S/O LATE ANIL KRISHNA PAUL
             R/O A2 502
            AL-SWARNALATA APARTMENTS
            VIJAYA COMPLEX
             SURVEY
             BELTOLA
             P.S.-HATIGAON
             DIST-KAMRUP (M)
            ASSAM
             P.S.-HATIGAON
             KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. N BARUAH,

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

Date : 05.08.2024

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

By filing this criminal revision petition under Sections 397/401 of the CrPC, the petitioner has prayed for setting aside the impugned Judgment and Order dated 16.10.2023 passed by the learned JMFC, Kamrup(M), Guwhati in CR Case No. 4234/2015 whereby the petitioner was convicted under Section 381 IPC and sentenced to suffer RI for 3 years and to pay a fine of Rs. 5,000/- i/d to undergo SI For 2 months which was affirmed by the learned Additional Sessions Judge, Kamrup (M), Guwahati in Criminal Appeal No. 82/2023 vide judgment and order dated 18.04.2024.

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.1, 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.2 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. 4234/2015.

Page No.# 3/3

Registry is directed to procure the above records. List after 02(two) weeks.

JUDGE

Comparing Assistant