Gauhati High Court
Md. Abul Hussain vs The State Of Assam And Anr on 4 May, 2023
Page No.# 1/2
GAHC010076862023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./173/2023
MD. ABUL HUSSAIN
S/O LT. SAYED ALI
VILL- NEPALIGAON
PO .AND P.S. ORANG
DIST. UDALGURI, ASSAM
PIN-784114
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE PP, ASSAM
2:MD. MANORUDDIN
S/OLT. ROJOB ALI
VILL- MAJARCHUBA
P.O. AND P.S. ORANG
DIST. UDALGURI
ASSAM
PIN-78411
Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : --04.05.2023 Page No.# 2/2 Heard Mr. S. Chauhan, learned counsel for the petitioner Md. Abul Hussain.
The petitioner has filed an application under Sections 401/397 Cr.PC challenging the legality and propriety of the order dated 20/21.03.2023 passed by the learned Assistant Sessions Judge, Udalguri in connection with Sessions Case No. 40 of 2021 convicting the appellant under Sections 447 IPC to undergo S.I. for 3 months and to pay a fine of Rs. 500/- with default stipulation.
Heard Mr. P. Borthakur, learned Addl. P.P. for respondent No. 1.
The learned Addl. P.P. has accepted notice on behalf of respondent No. 1, so no formal notice is required to be issued to respondent No. 1.
Issue notice to respondent No. 2 through registered post with A/D returnable within 4 (four) weeks.
The learned counsel for the petitioner has prayed for correction an error on the heading of the petition where Section 401/397 IPC is to be corrected and typed as Section 401/397 Cr.PC. The petitioner may file an application for correction of the error.
The operation of the impugned order of conviction and sentence dated 20/21.03.2023 is stayed until further order. The petitioner is also allowed to remain on previous bail until further orders.
List the matter after 4 (four) weeks.
JUDGE Comparing Assistant