Gauhati High Court

Rahej Uddin vs The State Of Assam And Anr on 3 May, 2024

                                                                  Page No.# 1/3

GAHC010088302024




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


                             Case No : I.A.(Crl.)/411/2024

         RAHEJ UDDIN
         S/O SAIJUDDIN
         R/O NO. 2
         BHATKUCHI
         P.S.- BARPETA
         DIST.- BARPETA
         ASSAM.


          VERSUS

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

         2:SAMELA BEGUM
         W/O FULCHAND ALI

         R/O NO. 2
         BHATKUCHI
         P.O.-BHATKUCHI
         P.S.- BARPETA
         DIST.- BARPETA
         ASSAM
         PIN- 781314.
         ------------
         Advocate for : MR. S U AHMED
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.
                                  IN Case No. : Crl.A./124/2024

                    RAHEJ UDDIN
                    S/O SAIJUDDIN,
                                                                            Page No.# 2/3

                         R/O NO. 2, BHATKUCHI, P.S.- BARPETA, DIST.- BARPETA,
                         ASSAM.



                         VERSUS

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

                         2:SAMELA BEGUM
                         W/O FULCHAND ALI

                         R/O NO. 2
                         BHATKUCHI
                         P.O.-BHATKUCHI
                         P.S.- BARPETA
                         DIST.- BARPETA
                         ASSAM
                         PIN- 781314

             Advocate for the Petitioner   : MR. S U AHMED

             Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                            ORDER

03.05.2024

Heard Mr. S. U. Ahmed, learned counsel for the applicant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State of Assam.

This application is filed under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension/stay of the operation of the Judgment dated 16.03.2024 and Sentence dated 19.03.2024 passed by the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 121/2022 whereby Page No.# 3/3

convicting the appellant and sentencing him to undergo R.I. for 3 (three) months and to pay fine of Rs. 500/- under Section 447 of IPC and in default of payment of fine, shall undergo S.I. for a period of 15 (fifteen) days and to undergo R.I. for 10 (ten) years and to pay fine of Rs. 10,000/- under Section 376 of IPC and in default of payment of fine, shall undergo S.I. for another 3 (three) months and further allow the applicant to go on bail.

Issue notice returnable after four weeks.

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 No. 1.

The applicant to take steps for issuance of notice upon the respondent No. 2 by way of registered post with A/D as well as by usual process within a period of five days from today.

This IA(Crl) shall be considered after receipt of the LCR.

JUDGE

Comparing Assistant