Kaushik Pathak vs The State Of Assam And Anr
2025 Latest Caselaw 2112 Gua

Gauhati High Court

Kaushik Pathak vs The State Of Assam And Anr on 20 January, 2025

Author: S. K. Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/2

GAHC010268342024




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

         Linked Case : I.A.(Crl.)/24/2025
                       In Cr.l. A./12/2025

         KAUSHIK PATHAK
         S/O. SHRI HANSHDHAR PATHAK
         VILL. NO.2 GANAKPARA
         P/O. BAMUNIGAON
         P/S. CHHAYGAON
         DIST. KAMRUP
         ASSAM
         PIN-781124.


          VERSUS

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

         2:MANJU PATHAK
         W/O. LATE GOBINDA PATHAK
         VILL. NO.2 GANAKPARA
          P/O. BAMUNIGAON
          P/S. CHHAYGAON
          DIST. KAMRUP
         ASSAM
          PIN-781124.
          ------------
         Advocate for : MS. N S THAKURIA
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR
                                                                      Page No.# 2/2




                                    BEFORE
                   HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
                        HONOURABLE MR. JUSTICE K. SEMA

                                     ORDER

20-01-2025 (S. K. Medhi, J) Heard Ms. N. S. Thakuria, learned Counsel for the applicant, who has filed this application under Section 430 of the BNSS, 2023 praying for suspension of sentence and realization of fine against the judgment and order dated 22.11.2024 passed by the learned Special Judge (POCSO), Kamrup, Amingaon in Special (POCSO) Case No. 48/2021 whereby convicted and sentenced the accused/applicant u/s 376 of IPC of rigorous imprisonment for 12 years and to pay a fine of Rs. 15000/- and in default of payment of fine to undergo rigorous imprisonment for 3 months.

The connected appeal, namely, Crl. A/12/2025 has been admitted today. Issue notice, returnable by 6 (six) weeks.

Ms. S. Jahan, learned Addl. PP, Assam accepts notice on behalf of respondent no. 1.

Let steps for service of notice upon the respondent no. 2 be taken by registered post with A/D within 2 (two) days. Objection, if any, may be filed in the meantime.

                                   JUDGE                        JUDGE




Comparing Assistant