Ananda Nath @ Ananda Debnath vs The State Of Assam And Anr
2024 Latest Caselaw 2997 Gua

Gauhati High Court

Ananda Nath @ Ananda Debnath vs The State Of Assam And Anr on 3 May, 2024

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GAHC010089352024




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

                                Case No. : Crl.Rev.P./170/2024

            ANANDA NATH @ ANANDA DEBNATH
            S/O LATE SUDARSHAN NATH
            R/O VILL- NAMATI, P.O. HATINAMATI,P.S. AND DIST. NALBARI, ASSAM,
            PIN-781337



            VERSUS

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

            2:ANUKUL DEVNATH
             S/O GOURANGA DEVNATH

            R/O VILL- NAMATI
            BENGALIBASTI
            P.S. AND DIST. NALBARI
            ASSAM
            PIN-78133

Advocate for the Petitioner   : MR. SAILENDRA DEKA

Advocate for the Respondent : PP, ASSAM
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                                 BEFORE
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                       ORDER

03.05.2024

1. Heard Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam.

2. The present application is filed under Section 397 and 401 of the Code of Criminal Procedure, 1973 assailing the Judgment and Order dated 21.08.2018 passed by the learned Assistant Session Judge, Nalbari in Session Case No. 67/2017, convicting and sentencing the appellant/accused and some others to undergo Simple Imprisonment for a period of 15 days for the offences under Sections 341/34 of the IPC and to pay a fine of Rs.500/- each and in default of payment of fine another S.I. for 5 days and further sentencing them to undergo S.I. for a period of 6 months and to pay a fine of Rs. 3000/- under Sections 324/34 IPC and in default of payment of fine another S.I. for 1 month.

3. The petitioner further challenges the Judgment and Order dated 30.03.2024 passed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 16/2018, whereby, the appeal preferred the accused were partly allowed upholding the conviction and sentence so far relating to the present petitioner and acquitting the other accused persons.

4. Issue notice returnable after four weeks.

5. As Mr. B. B. Gogoi, learned Additional Public Prosecutor accepts notice on behalf of the respondent No. 1, no formal notice need be issued to the said respondent.

6. The petitioner to take steps for issuance of notice upon the respondent No. 2 Page No.# 3/3

by way of registered post with A/D as well as usual process within a period of five days from today.

7. Till the return of notice, the petitioner is allowed to remain on previous bail.

JUDGE

Comparing Assistant