Haru Das vs Lipika Roy
2024 Latest Caselaw 234 Gua

Gauhati High Court

Haru Das vs Lipika Roy on 12 January, 2024

                                                                    Page No.# 1/3

GAHC010293952023




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

                                  Case No. : I.A.(Crl.)/5/2024

            HARU DAS,
            S/O LATE SHRISH CHANDRA DAS,
            R/O SONAI ROAD,
            OPPOSITE OF MIZORAM CIRCUIT HOUSE, P.O. KANAKPUR, P.S. SILCHAR,
            DIST. CACHAR, ASSAM, PIN-788006



            VERSUS

            LIPIKA ROY
            W/O LATE BANABIR ROY, R/O HOUSE NO. 5, RAM CHARAN SARANI RAM
            CHARAN LANE, SONAI ROAD, P.O. KANAKPUR, P.S.SILCHAR, DIST.
            CACHAR, ASSAM, PIN-788006



Advocate for the Petitioner   : MR. O LASKAR

Advocate for the Respondent :




             Linked Case : Crl.Rev.P./558/2023

            HARU DAS
            S/O LATE SHRISH CHANDRA DAS
            R/O SONAI ROAD

            OPPOSITE OF MIZORAM CIRCUIT HOUSE
            P.O. KANAKPUR
            P.S. SILCHAR
                                                                     Page No.# 2/3


          DIST. CACHAR
          ASSAM
          PIN-788006


          VERSUS

          LIPIKA ROY
          W/O LATE BANABIR ROY
          R/O HOUSE NO. 5
          RAM CHARAN SARANI
          RAM CHARAN LANE
          SONAI ROAD

          P.O. KANAKPUR
           P.S.SILCHAR

          DIST. CACHAR
          ASSAM

          PIN-788006


          ------------
          Advocate for : MR. O LASKAR
          Advocate for : appearing for LIPIKA ROY



                                BEFORE
              HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                        ORDER

Date : 12.01.2024

Heard Mr. O. Laskar, learned counsel for the petitioner. This Interlocutory Application has been filed by the petitioner under Sections 397 (1) of the Code of Criminal Procedure, 1973 for suspension of execution of the sentence imposed on the present petitioner and Order dated 31.07.2019 passed by the learned Additional Chief Judicial Magistrate, Silchar, Cachar in CR (NI) Case No. 125/2014 which has been upheld by the judgment Page No.# 3/3

and order dated 08.12.2023 passed in Criminal Petition No. 35/2019 by the learned Sessions Judge, Cachar.

The aforesaid judgments are impugned by the present petitioner by preferring a Criminal Revision Petition No. 558/2023.

Issue notice to the opposite parties.

The petitioner shall take steps for service of notice on the opposite party by registered post with A/D within three working days from the date of receipt of this order, returnable after four weeks.

However, in the meanwhile, since the present petitioner has been sentenced to undergo imprisonment for a limited duration of two years only and in the event of his getting success in Criminal Revision Petition No. 558/2023, if the execution of the sentence is not suspended in the meanwhile, he would be highly prejudiced.

Hence, the execution of the sentence imposed on the present petitioner by the impugned judgments shall remain suspended till next returnable date and the petitioner is allowed to remain on previous bail granted by the Trial Court.

Let this matter be listed again after four weeks.

JUDGE

Comparing Assistant