Md. Manir vs The State Of Assam And Anr. A
2024 Latest Caselaw 61 Gua

Gauhati High Court

Md. Manir vs The State Of Assam And Anr. A on 5 January, 2024

                                                                  Page No.# 1/2

GAHC010137602023




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

                                  Case No. : Crl.A./453/2023

            MD. MANIR
            SON OF ABUL KASHEM, RESIDENT OF VILLAGE- JAFLONG (NOYABASTI),
            P.S.-GOWAINGHAT, DISTRICT- SYLHET, BANGLADESH.



            VERSUS

            THE STATE OF ASSAM AND ANR. A
            REPRESENTED BY PP, ASSAM.

            2:SRI PRITOM KUMAR HAJONG
             S/O- SRI PABITRA HAJONG
             RESIDENT OF VILLAGE-DHAMAM
             P.S - LAKHIPUR

            DIST-GOALPARA
            ASSAM
            PIN-78312

Advocate for the Petitioner   : G UDDIN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 05.01.2024

Heard Mr. G. Uddin, learned counsel for the appellant and Mr. B. Sarma, Page No.# 2/2

learned Addl. Public Prosecutor for the State respondent No. 1.

2. In this appeal under Section 374, read with Section 375(b) of the Cr.P.C., the appellant, namely, Md. Manir has put to challenge the judgment and order dated 04.11.2022 passed by the learned Additional Sessions Judge No. 2, Kamrup(M), Guwahati in Sessions Case No. 131/2022.

3. It is to be noted here that vide the impugned judgment, the learned Court below had convicted the appellant under Section 14A(b) of the Foreigners Act, 1946 and sentenced him to suffer rigorous imprisonment for 5 years and also to pay a fine of Rs. 10,000/-, with default stipulation.

4. Perused the memo of appeal and the grounds taken therein and also the documents placed on record including the impugned judgment and order dated 04.11.2022.

5. Admit.

6. Let notice be issued to the respondents returnable in four weeks.

7. Steps be taken by way of Registered post with A/D as well as by usual process upon the respondent No. 2 within a week from today.

8. No formal notice is required to be issued to the respondent No. 1 since Mr. Sarma, learned Addl. Public Prosecutor appears and accepts notice. However, extra copies of the writ petition be furnished during the course of the day.

9. Registry shall call for the records of Sessions Case No. 131/2022 from the Court of learned Additional Sessions Judge No. 2, Kamrup(M), Guwahati.

10. List the matter after four weeks.

JUDGE

Comparing Assistant