Mofidul Hoque Choudhury vs The State Of Assam And Anr
2025 Latest Caselaw 7199 Gua

Gauhati High Court

Mofidul Hoque Choudhury vs The State Of Assam And Anr on 10 September, 2025

                                                                           Page No.# 1/2

GAHC010051882023




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

                                Case No. : Crl.Rev.P./143/2023

            MOFIDUL HOQUE CHOUDHURY
            S/O LATE FAZLUL HOQUE CHOUDHURY, R/O VILL.-DHANIA BHETI GAON,
            P.S.- BATADRAVA, DIST.-NAGAON, ASSAM, PIN-782122

            VERSUS

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

            2:MUSTT. LILIMA KHATUN
             D/O ABU SAMED
             R/O VILL.- BORCHAPARI
             P.S.- BHELOUGURI
             DIST.-MORIGAON
            ASSAM

Advocate for the Petitioner   : MR. S RAHMAN, MR J I MONDAL,MR A N IQBAL

Advocate for the Respondent : PP, ASSAM,

                                   BEFORE
                 HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 10.09.2025

1. Heard Mr. A. N. Iqbal, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State.

2. This application under Section 401 of the Code of Criminal Procedure, 1973 impugning the judgment dated 08.06.2022 passed by the learned Sessions Page No.# 2/2

Judge, Morigaon in Criminal Appeal No. 17/2019 whereby the judgment and order on 08.04.2019 passed by the learned Sub-Divisional Judicial Magistrate, Morigaon in GR Case No. 2858/2015 was upheld. By the aforesaid judgment, the Trial Court had convicted the petitioner under Section 498(A) of the IPC and had sentenced him to undergo simple imprisonment for a period of six months.

3. Issue notice to the respondents.

4. Since, the learned Additional Public Prosecutor has appeared for the respondent No. 1, no formal notice need to be issued to the said respondent.

5. As regards the respondent No. 2 is concerned, the petitioner shall take steps for issuance of notice upon the said respondent by registered post with A/D as well as by usual mode within seven days from the date of this order, returnable after four weeks.

6. Since, the sentence imposed on the petitioner is for a short term of six months only, during the pendency of this criminal revision petition, the execution of sentenced imposed on the petitioner is stayed and he is allowed to go on bail of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Sub Divisional Judicial Magistrate, Morigaon in connection with GR Case No. 2858/2015 with a condition that in the event of dismissal of this criminal revision petition, he shall surrender before the Trial Court to serve of sentence imposed on him by the impugned judgment.

7. List accordingly.

JUDGE

Comparing Assistant