Padma Kumar vs State Of Assam And Anr

The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

This is a criminal revision petition filed under Section 397, read with Section 482 of the Code of Criminal Procedure, 1973, challenging the legality,

propriety and correctness of the judgment and order dated 20.02.2021 passed by the Sessions Judge, Baksa, Musalpur in Criminal Appeal No.25/2018

(new), upholding the judgment and order dated 22.06.2012 passed by the learned Assistant Session Judge, Nalbari in Sessions Case No.15/2006 under

Section 341/324 of the Indian Penal Code, convicting and sentencing the petitioner to rigorous imprisonment for one month and to pay a fine of

Rs.500/- with a default clause for offence under Section 341 of the Indian Penal Code; and rigorous imprisonment for two years and to pay a fine of

Rs.25,000/-, with default clause, for offence under Section 324 of the Indian Penal Code.

Heard Mr. M.Rana, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam appearing for the

State Respondent.

Perused the petition and the annexures furnished therewith.

No formal notice is required to be issued to the State Respondent No.1 as the State has entered appearance through Ms. S.H. Borah, learned

Additional Public Prosecutor, Assam.

Issue notice to Respondent No.2 under registered post with A/D or by any other prescribed mode.

Steps be taken within five days by the petitioner.

The revision petition is admitted for hearing.

Call for the LCR.

List the matter on 16.07.2021 immediately after service of notice on Respondent No.2 and on receipt of the LCR.

Heard learned counsel for the petitioner on interim prayer.

Considering the materials available before this Court and on perusal of the judgments of the learned Courts below, this Court is of the view that further

proceedings in connection with the aforesaid judgments are stayed until further orders, subject, however, to deposit of fine imposed as punishment by

the learned Courts below within 15 days from today.

In the event the fine aforesaid is not deposited with the Court below, the order staying further proceedings of the aforesaid judgments shall

automatically stand vacated. The petitioner shall remain on previous bail.

The petitioner shall produce necessary receipt in proof of deposit of fine imposed, as indicated above, on the date fixed.