Citation : 2025 Latest Caselaw 4755 Gua
Judgement Date : 21 August, 2025
Page No. 1/3
GAHC010105492025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./331/2025
SRI BOLAI DAS
SON OF- SRI DIP DAS RESIDENT OF- KEYAMORA, P.S.- BIHPURIA, DIST-
LAKHIMPUR, PIN-784161.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP BY THE PP, ASSAM
2:SRI DIGANTA DAS
SON OF LATE NANDI DAS RESIDENT OF- KEYAMORA
P.S.- BIHPURIA
DIST- LAKHIMPUR
PIN-784161.
3:SMT CHAMPA DAS
W/O- SRI DIGANTA DAS
RESIDENT OF- KEYAMORA
P.S.- BIHPURIA
DIST- LAKHIMPUR
PIN-784161
Advocate for the Petitioner : MR. K R PATGIRI, MR. L GOGOI,MR. B GOGOI
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21.08.2025
Heard Mr. K.R. Patgiri, learned counsel for the revision petitioner and Mr. M.P.
Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam.
2. The instant criminal revision petition under Section 442 and Section 438, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is preferred to assail a Judgment and Order dated 17.03.2025 passed by the Court of learned Sessions Judge, Lakhimpur at North Lakhimpur ['the Appellate Court', for short] in Criminal Appeal no. 8[2]/2024. By the Judgment and Order dated 17.03.2025, the Appellate Court while dismissing the criminal appeal, has affirmed a Judgment and Order dated 04.03.2024 of conviction and sentence passed by the Court of learned Judicial Magistrate, First Class, Lakhimpur, North Lakhimpur ['the Trial Court', for short] in G.R. Case no. 1117/2022 and Police Report Case no. 1206/2022. The Trial Court had convicted the revision petitioner for the offence under Section 324, Indian Penal Code [IPC] and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for another three 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 G.R. Case no. 1117/2022 and Police Report Case no. 1206/2022 be called for.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Goswami has appeared and accepted notice on behalf of the respondent no. 1, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the revision petitioner shall serve an extra copy of the petition along with annexures, to Mr. Goswami within 3 [three] working days from today.
8. The revision petitioner shall take steps for service of notice upon the respondent nos. 2 & 3 by registered post with A/D as well as by usual process within 3 [three] working days
from today.
JUDGE
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