Ratul Hussain vs The State Of Assam And Anr
2024 Latest Caselaw 5011 Gua

Citation : 2024 Latest Caselaw 5011 Gua
Judgement Date : 22 July, 2024

Gauhati High Court

Ratul Hussain vs The State Of Assam And Anr on 22 July, 2024

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GAHC010021642024




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

                                 Case No. : Crl.Rev.P./210/2024

            RATUL HUSSAIN
            S/O LATE FAZIR UDDIN AHMED, R/O VILL.-NAHARANI MAJGAON, P.S.-
            DERGAON, DIST.-GOLAGHAT, ASSAM, PIN-785618.



            VERSUS

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

            2:FARIDUR RAHMAN
             S/O MD. AMIN ALI
             R/O VILL.- NAHARANI MAJGAON
             P.S.- DERGAON
             DIST.-GOLAGHAT
            ASSAM
             PIN-785618

Advocate for the Petitioner   : MR. A M AHMED

Advocate for the Respondent :




             Linked Case : I.A.(Crl.)/525/2024

            RATUL HUSSAIN
            S/O LATE FAZIR UDDIN AHMED
            R/O VILL.-NAHARANI MAJGAON
            P.S.-DERGAON
            DIST.-GOLAGHAT
                                                                                          Page No.# 2/3

              ASSAM
              PIN-785618.


              VERSUS

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

              2:FARIDUR RAHMAN (INFORMANT)
              S/O MD. AMIN ALI
               R/O VILL.-NAHARANI MAJGAON
               P.S.- DERGAON
               DIST.- GOLAGHAT
              ASSAM
               PIN-785618.
               ------------

Advocate for : MR. A M AHMED Advocate for : appearing for THE STATE OF ASSAM AND ANR.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 22/07/2024

Heard Mr. I A Hazarika, learned counsel for the petitioner and Ms. N Das, learned Additional Public Prosecutor, Assam for the State respondent No. 1.

The petitioner herein is a convicted accused in G.R. Case No. 875/2007 in which the learned Additional Chief Judicial Magistrate, Golaghat by judgment dated 14.12.2010 convicted the petitioner under Sections 326/34 IPC sentencing him to undergo Rigorous Imprisonment for 2 (two) years with fine of Rs.10,000/-, in default to Rigorous Imprisonment for 6 (six) months.

Against the said judgment of conviction and sentence dated 14.12.2010 passed by the learned Additional Chief Judicial Magistrate, Golaghat, the petitioner preferred an appeal being Crl. A. No. 03/2011 which too was dismissed by judgment and order dated 06.03.2014 passed by the learned Sessions Judge, Golaghat upholding the judgment of conviction and sentence dated 14.12.2010 passed by the learned Additional Chief Judicial Magistrate, Golaghat in G.R. Case No. 875/2007. Hence, this criminal revision petition.

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The delay of 2161 days in preferring this criminal revision petition was already condoned by the Court in I.A. (Crl.) No. 173/2024 vide order dated 20.05.2024.

Issue notice, returnable by 21.08.2024.

As Ms. N Das, learned Additional Public Prosecutor, Assam has accepted notice on behalf of the respondent No. 1, no formal notice need to be issued to the said respondent.

Petitioner shall serve requisite extra copies of this petition along with the Annexures appended thereto to Ms. N Das, learned Additional Public Prosecutor, Assam on or before 25.07.2024, obtaining necessary acknowledgment from her in that regard.

Petitioner shall take steps for service of notice on the respondent No. 2 by registered post with A/D on or before 25.07.2024, providing its proper and correct address with requisite postal stamps.

Call for the scanned copy of the records of G.R. Case No. 875/2007 from the Court of the learned Additional Chief Judicial Magistrate, Golaghat as well as the records of Crl. A. No. 03/2011 from the Court of learned Sessions Judge, Golaghat.

If in the meanwhile, the petitioner has not been taken into custody pursuant to the judgment and order dated 06.03.2014 passed by the learned Sessions Judge, Golaghat upholding the judgment of conviction and sentence dated 14.12.2010 passed by the learned Additional Chief Judicial Magistrate, Golaghat in G.R. Case No. 875/2007, he shall not be taken into custody till the returnable date, i.e., 21.08.2024.

List accordingly.

JUDGE

Comparing Assistant