Md Sarifuddin Sk @ Shorifuddin Sk vs The State Of Assam And Anr
2025 Latest Caselaw 2830 Gua

Gauhati High Court

Md Sarifuddin Sk @ Shorifuddin Sk vs The State Of Assam And Anr on 4 February, 2025

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GAHC010015512025




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

                                 Case No. : Crl.Rev.P./25/2025

            MD SARIFUDDIN SK @ SHORIFUDDIN SK
            S/O MD. ABDUL BATEN
            R/O VILL-MAYAR CHAR PT.IV, P.S. BILASIPARA, DIST.DHUBRI, ASSAM

            VERSUS

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

            2:MD FASHIUDDIN AHMED
             S/O ASHRAT ALIAHMED
            VILL- BORTALOWA

            P.O.DHALIGAON
            P.S. KAJALGAON
            DIST.CHIRANG
            BTAD
            ASSA

Advocate for the Petitioner   : MR. M KHAN, MS J AKTAR,MR A K DAS

Advocate for the Respondent : PP, ASSAM,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 04.02.2025 Heard Mr. M. Khan, learned counsel for the petitioner and Mr. B. Sarma, learned Additional P.P. for the respondent No.1.

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2. In this petition, under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is preferred by the petitioner, namely, Md. Sarifuddin Sk. @ Shorifuddin Sk. challenging the impugned Judgment and Order dated 30.10.2024, passed by the learned Additional Sessions Judge, Chirang at Kajalgaon in Criminal Appeal No. 12/2024.

3. It is to be noted here that, vide impugned Judgment and Order dated 30.10.2024, the learned Additional Sessions Judge, Chirang at Kajalgaon has upheld the Judgment and Order dated 05.08.2024, passed by the learned Additional CJM, Chirang in PRC No. 143/2021, whereby the learned Additional CJM, Chirang has convicted the petitioner under Section 379 IPC and sentenced him to suffer rigorous imprisonment for two years and also to pay a fine of Rs. 10,000/-.

4. Perused the petition and the documents placed on the record, and also perused the impugned Judgment and Order dated 30.10.2024, passed by the learned Additional Sessions Judge, Chirang at Kajalgaon and also perused the Judgment and Order dated 05.08.2024, passed by the learned Additional CJM, Chirnag in PRC No. 143/2021.

5. Let notice be issued to the respondents returnable on 06.03.2025. However no formal notice is required to be issued to the respondent No. 1, since Mr. Sarma, learned Additional P.P. has entered appearance for the respondent No. 1 and received notice. However, extra requisite copies of the petition be furnished to him during the course of the day. Steps be taken upon the respondent No.2, by way of Registered post with A/D as well as by usual process within a week from today,

6. Registry shall call for the records from the learned Courts below.

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7. List the matter on 06.03.2025.

JUDGE

Comparing Assistant