Sri Tridip Das vs The State Of Assam And Anr
2025 Latest Caselaw 1664 Gua

Gauhati High Court

Sri Tridip Das vs The State Of Assam And Anr on 1 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

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GAHC010167252025




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

                                Case No. : Crl.Rev.P./293/2025

            SRI TRIDIP DAS
            SON OF SRI LAKHIRAM DAS RESIDENT OF- BAGHARGAON, P.O.
            RATANPUR, P.S. JENGRAIMUKH, DISTRICT- MAJULI, ASSAM

            VERSUS

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

            2:SRI ARUP NATH
             SON OF LATE BHUGIRAM NATH RESIDENT OF- VILL. PHULANI CHARIALI
            KUHIABARI GAON
             P.O. KARKI CHIUK
             P.S. JENGRAIMUKH
             PIN- 785110
             DISTRICT- MAJULI
            ASSA

Advocate for the Petitioner   : MR. P P BORTHAKUR, A GOSWAMI,MR. T KALITA

Advocate for the Respondent : PP, ASSAM,


                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 01.08.2025

Heard Mr. P.P. Borthakur, learned counsel for the revision petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.

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2. This criminal revision petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is preferred against a Judgment and Order dated 17.06.2025 passed by the Court of learned Sessions Judge, Lakhimpur at North Lakhimpur ['the Appellate Court', for short] in Criminal Appeal no. 16[3] of 2024 whereby the learned Appellate Court has dismissed the appeal thereby, affirming the Judgment and Order of conviction and sentence passed by the Court of learned Sub-Divisional Judicial Magistrate [M], Dhakuakhana ['the Trial Court', for short] in PRC Case no. 392/2021.

3. The Trial Court has convicted the revision petitioner for the offences under Section 279 and Section 304A of the Indian Penal Code [IPC] and he has been sentenced to undergo simple imprisonment for one year for the offence under Section 304A, IPC. For the offence under Section 279, IPC, the revision petitioner has been sentenced to undergo simple imprisonment for six months. The sentences are ordered to run concurrently.

4. I have gone through the contents of the criminal petition.

5. The criminal petition is admitted for hearing.

6. The case records of Criminal Appeal no. 16[3] of 2024 and PRC Case no. 392/2021 be called for.

7. Issue notice, returnable in 4 [four] weeks.

8. As Mr. Baruah, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice to the respondent no. 1 is dispensed with. However, an extra copy of the petition along with annexures, is to be furnished to Mr. Baruah within 2 [two] working Page No.# 3/3

days from today.

9. The petitioner shall take steps for service of notice upon the respondent no. 2 by registered post with A/D as well as by usual process within 2 [two] working days from today.

10. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant