Safur Ali vs The State Of Assam And Anr
2025 Latest Caselaw 1997 Gua

Gauhati High Court

Safur Ali vs The State Of Assam And Anr on 5 August, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                        Page No.# 1/3

GAHC010169892025




                                                                 undefined

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

                                Case No. : Crl.Rev.P./299/2025

            SAFUR ALI
            SON OF SIDDIQUE ALI
            R/O SATHAMOU
            P.S. GHOGRAPAR
            DIST. NALBARI, ASSAM

            VERSUS

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

            2:SAJAL GUHA
             S/OLATE RABINDRA NATH GUHA
            R/O RANGIA TOWN
             P.S. RANGIA
            DIST. KAMRUP
            ASSA

Advocate for the Petitioner   : MR S M ABDULLAH P, MR. S HAQUE,MD IMRAN,MD R
ISLAM,MS F HUSSAIN

Advocate for the Respondent : PP, ASSAM,




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 05.08.2025

Heard Ms. F. Hussain, learned counsel for the revision petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, Page No.# 2/3

State of Assam.

2. The criminal revision petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] is preferred to assail a Judgment dated 24.06.2025 passed by the Court of learned Additional Sessions Judge, Rangia, Kamrup ['the Appellate Court', for short] in Criminal Appeal no. 04/2024 whereby the Appellate Court while dismissing the appeal, has affirmed the Judgment and Order dated 11.09.2024 of conviction and sentence passed by the Court of learned Judicial Magistrate, First Class, Rangia ['the Trial Court', for short] in G.R. Case no. 1279/2013. By the Judgment and Order dated 11.09.2024, the Trial Court has convicted the revision petitioner for the offences under Sections 279/338/427/304[A] of the Indian Penal Code [IPC]. For the offence under Section 279, IPC, the revision petitioner has been sentenced to suffer simple imprisonment for 6 months and to pay a fine of Rs. 1,000/-, with default stipulation. Similar sentences have been passed for the offences under Section 338, IPC and Section 427, IPC. For the offence under Section 304[A], IPC, he has been sentenced to undergo simple imprisonment for 6 months.

3. I have gone through the grounds urged in the instant criminal revision petition.

4. The criminal revision petition is admitted for hearing.

5. The case records of Criminal Appeal no. 04/2024 and G.R. Case no. 1279/2013 be called for.

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

7. As Mr. Goswami, learned Additional Public Prosecutor has appeared and Page No.# 3/3

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. Goswami within 3 [three] working days from today.

8. 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 3 [three] working days from today.

JUDGE

Comparing Assistant