Sri Pradip Sarkar vs The State Of Assam And Anr
2025 Latest Caselaw 3815 Gua

Gauhati High Court

Sri Pradip Sarkar vs The State Of Assam And Anr on 6 March, 2025

                                                                         Page No.# 1/3

GAHC010193442024




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

                                  Case No. : Crl.Rev.P./38/2025

            SRI PRADIP SARKAR
            PROPRIETOR OF SHREE PADMANATH CO. AND JEWELLERS, S/O LATE
            KHITISH CHANDRA SARKAR, R/O LACHIT BAZAR, WARD NO. 5, P.O. AND
            P.S.- JORHAT, DIST.-JORHAT, ASSAM, PIN-785001.



            VERSUS

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

            2:SRI RAM AWATAR LAHOTY
             PROPRIETOR OF KRISHNA JEWELLERS
            S/O LATE BHANWARLAL LAHOTY
             R/O OLD BALIBAT
             JORHAT
             P.O. AND P.S.- JORHAT
             DIST.-JORHAT
            ASSAM
             PIN-785001

Advocate for the Petitioner   : MR. N K MURRY,

Advocate for the Respondent : MR. RAJIV DEV (R-2),




             Linked Case : I.A.(Crl.)/15/2025

            SRI PRADIP SARKAR
            PROPRIETOR OF SHREE PADMANATH CO. AND JEWELLERS
            S/O LATE KHITISH CHANDRA SARKAR
                                                  Page No.# 2/3

R/O LACHIT BAZAR
WARD NO. 5
A.T. ROAD
JORHAT

P.O. AND P.S. JORHAT

DIST. JORHAT
ASSAM
PIN NO. 785001


VERSUS

THE STATE OF ASSAM AND ANR
REP BY THE PP
ASSAM

2:RAM AWATAR LAHOTY
PROPRIETOR OF KRISHNA JEWELLERS

OLD BALIBAT
JORHAT
ASSAM
S/O LATE BHANWARLAL LAHOTY
R/O OLD BALIBAT
JORHAT

P.O. AND P.S. JORHAT

DIST. JORHAT
ASSAM
PIN NO. 785001
------------
Advocate for : MR. P BAJAJ
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                      ORDER

Date : 06.03.2025

1. Heard Mr. K. D. Chetri, learned counsel for the petitioner.

2. This application under Section 442 read with Section 438 and 528 of the BNSS, 2023 has been filed by the petitioner, namely, Sri Pradip Sarkar, impugning the judgment and order dated 30.05.2024 passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 04/2023, whereby the First Appellate Court had affirmed the judgment and order dated 05.01.2023 passed by the learned Chief Judicial Magistrate, Jorhat in C.R. (NI) Case No. 43/2013.

3. By the said judgment, the petitioner was sentenced to pay a fine of Rs. 8,95,760/- as well as to undergo simple imprisonment for 6 month. The said sentence was modified by the First Appellate Court by directing the appellant/present petitioner to pay a fine of Rs. 6,00,000/-

4. Issue notice to the respondents.

5. The petitioner shall take steps for service of notices to the respondent no.2 by registered post with A/D as well as by usual mode within three days from the date of receipt of this order, returnable on 25.04.2025.

6. Let the records of the Criminal Appeal No. 04/2023 as well as the C.R. (NI) Case No. 43/2013 be called for from the concerned Court.

7. Registry shall take steps for requisition of the aforesaid records.

8. Let this case be listed on 25.04.2025.

JUDGE

Comparing Assistant