Krishna Kalita vs The State Of Assam And Anr
2024 Latest Caselaw 231 Gua

Gauhati High Court

Krishna Kalita vs The State Of Assam And Anr on 12 January, 2024

                                                                      Page No.# 1/3

GAHC010003902024




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

                                  Case No. : Crl.Rev.P./13/2024

            KRISHNA KALITA
            S/O JOLTI RAM KALITA
            R/O VIP JUGIPURA
            P.S. AZARA
            DIST. KAMRUP (M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:NASREEN S. AHMED
             INSPECTOR OF FOOD
             CIVIL SUPPLIES AND CONSUMER AFFAIRS
             KAMRUP (M)

Advocate for the Petitioner   : MR. A CHAMUAH

Advocate for the Respondent : PP, ASSAM




             Linked Case : I.A.(Crl.)/44/2024

            KRISHNA KALITA
            S/O JOLTI RAM KALITA R/O VIP JUGIPURA P.S. AZARA DIST. KAMRUP (M)
            ASSAM


             VERSUS
                                                                       Page No.# 2/3


           THE STATE OF ASSAM AND ANR
           REP. BY THE PP
           ASSAM

           2:NASREEN S. AHMED
           INSPECTOR OF FOOD
            CIVIL SUPPLIES AND CONSUMER AFFAIRS
            KAMRUP (M).
            ------------
            Advocate for : MR. A CHAMUAH
           Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM AND ANR



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                       ORDER

Date : --12.01.2024.

Heard Mr. A. Chamuah, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. P.P., Assam.

This Interlocutory Application has been filed by the petitioner namely, Sri Krishna Kalita for suspension of the sentence imposed on the petitioner by the Court of learned Additional Chief Judicial Magistrate, Kamrup (M) Guwahati in C.R Case No. 3334/2008, which was upheld by the learned Additional Sessions Judge No. 1, Kamrup (M) Guwahati in Criminal Appeal No. 197/2018. The petitioner has impugned the aforesaid judgment by preferring a Criminal Revision Petition which was registered as Criminal Revision Petition No. 3334/2024.

By the impugned judgment and order, the petitioner has been sentenced to undergo simple imprisonment for a period of 3(three) months and to pay a fine of Rs.1000/-(Rupees one thousand) only under section 7(1)(a)(ii) of the Page No.# 3/3

Essential Commodities Act, 1955.

The learned counsel for the petitioner has submitted that the petitioner has good ground to pursue the criminal revision petition filed against the impugned order and there is a chance of success in the said criminal revision petition as the sentence imposed on the present petitioner is for a very limited duration of three months. Hence, unless the sentence is suspended during the pendency of the Criminal Revision Petition No. 13/2024, he would be prejudiced in the event of success in the said criminal revision petition.

Therefore, during the pendency of the Criminal Revision Petition No. 13/2024, the sentence imposed on the present petitioner by the impugned judgment is hereby suspended and this interlocutory application is disposed of.

JUDGE

Comparing Assistant