Krishna Kalita vs The State Of Assam And Anr
2024 Latest Caselaw 233 Gua

Gauhati High Court

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

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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




                                   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.

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This application under Section 401 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Sri Krishna Kalita, impugning the Judgment and Order dated 15.12.2023, passed in Criminal Appeal No. 197/2018, passed by the learned Additional Sessions Judge No. 1, Kamrup (M), Guwahati, whereby the Judgment and Order dated 27.11.2018, passed in C.R Case No. 3334/2008 by the learned Additional Chief Judicial Magistrate, Kamrup (M), Guwahati, was upheld. By the Judgment and Order of the Trial Court the present petitioner was convicted under section 7 (1)(a)(ii) of the Essential Commodities Act, 1955 and was sentenced to undergo simple imprisonment for 3(three) months and to pay a fine of Rs.1000/-(Rupees One Thousand) only.

Issue notice to the respondents.

Since, respondent No. 1 is represented by the learned Additional Public Prosecutor, no formal notice need to be issued upon the respondent No. 1.

As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of service of notice upon the respondent No.2 through the learned Senior Government Advocate, Assam.

The petitioner shall take steps for serving a copy of notice along with the petition and the annexures to the learned Senior Government Advocate, Assam within the next three (3) working days from the date of this order.

Let this matter be listed after 4(four) weeks.

JUDGE Page No.# 3/3

Comparing Assistant