Md Sobur Ali vs The State Of Assam
2024 Latest Caselaw 4819 Gua

Gauhati High Court

Md Sobur Ali vs The State Of Assam on 15 July, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                                     Page No.# 1/2

GAHC010126712024




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

                                  Case No. : Crl.Rev.P./255/2024

              MD SOBUR ALI
              S/O LT MUJIBULLAH ALI, R/O LAKWA RAJGARH ROAD, P.S.-SIMULUGURI,
              DIST- SIVASAGAR, ASSAM



              VERSUS

              THE STATE OF ASSAM
              REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM



Advocate for the Petitioner    : MR P KATAKI

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HONOURABLE MRS. JUSTICE MALASRI NANDI

                                             ORDER

Date : 15.07.2024 Heard Mr.P.Kataki, 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 challenged the legality and validity of Judgment and Order dated 28.05.2024 passed by the learned Additional Sessions Judge, Sivasagar dismissing the Criminal Appeal No.28(3)/2019 and confirming the judgment and sentence passed by the learned CJM, Page No.# 2/2

Sivasagar vide judgment and order dated 04.07.2019 passed in GR Case No. 1037/2015.

Issue notice to the respondent.

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.

Call for records of the trial court pertaining to GR Case No. 1037/2015. It is submitted by the learned counsel for the petitioner that after delivery of the judgment and conviction, on the subsequent date, as the accused petitioner did not appear before the trial court, NBWA was issued against him.

Considering the nature of the offence and sentence imposed against the petitioner, warrant of arrest be recalled.

List after 04(four) weeks.

JUDGE

Comparing Assistant