Y. Pradip Singha vs The State Of Assam
2025 Latest Caselaw 4150 Gua

Gauhati High Court

Y. Pradip Singha vs The State Of Assam on 17 March, 2025

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GAHC010205252012




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

                                Case No. : Crl.Rev.P./36/2012

            Y. PRADIP SINGHA
            S/O SRI DHARMA SINGHA R/O VILL- SHIBPUR PART-I P.S. LAKHIPUR, DIST.
            CACHAR, ASSAM.



            VERSUS

            THE STATE OF ASSAM




Advocate for the Petitioner : MR.U DUTTA, MR.P BORA,MR.J KOTOKY,MR.G N
SAHEWALLA,MR.MD ASLAM

Advocate for the Respondent : , PP, ASSAM,,,




                                   BEFORE
                   HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                          ORDER

Date : --17.03.2025

Heard Mr. G. N. Sahewalla, learned Senior Counsel, assisted by Ms. T. J. Sahewalla, learned Counsel. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent.

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2. By relying on the decision of the Apex Court in the case of Chandreshwar Sharma Vs State of Bihar, reported in (2009) 9 SCC 245, Harivallabha and another Vs State of M.P ., reported in (2005) 10 SCC 330, and the decision of the Co- ordinate Bench of this Court in the case of Munindra Gazamer Vs State of Assam, reported in (2005) 3 GLR 618, submits that a mandatory duty is cast on the court to record in its judgment specific reasons for not granting benefit of Section 360 to an accused where it could have dealt with the accused there under.

3. It is submitted at the bar that in the instant case both the trial Court as well as the appellate Court has not discharged the duty vested upon them under the provision of Section 360 of Cr.P.C. It further appears that under subsection 4 of Section 360 of Cr.P.C. an order to release on probation of good conduct or after admonition can be made by the High Court in exercise of its revisional power as well.

4. That being so, before proceeding further in the matter, in the interest of justice, I am of the considered view that a report as regards the age, character or antecedents of the petitioner along with other circumstances as required for consideration of passing necessary order under Section 360 of Cr.P.C. be called for from the Court of learned Judicial Magistrate First Class, Silchar.

5. Ordered accordingly.

6. Let Registry do the needful in this regard forthwith.

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7. Re-list the matter after 4(four) weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant