Akhlai Uddin v. The State of Assam

ORDER Date : 07.08.2024 Heard Mr. H. R. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 read with Section 401 of the Criminal Procedure Code, 1973 challenging the order dated 09.05.2024 passed by the learned Sessions Judge, Karimganj in Crl. Revision No. 17/2024 staying the Zimma order dated

02.04.2024 passed by the learned Chief Judicial Magistrate in G.R. Case No.1290/2023. Page No.# 2/2

¶3The learned Sessions Judge, Karimganj allowed the Zimma petition filed by the present petitioner in respect of seized betel nuts thereafter the respondent filed a Revision petition before the Court of Sessions challenging the aforesaid order. The said revision petition is still pending for disposal.

¶4Under the given circumstances of the case, this Court is of the opinion that the revision petition should be disposed of first. Therefore, the learned Sessions Judge, Karimganj is directed to dispose of the Revision Petition No.17/2024 within next 2(two) months from receiving this order.

¶5Depending upon the final result of the revision petition, the petitioner is at liberty to approach this Court again by filing a separate criminal petition.

¶6With the aforesaid direction, this criminal petition stands closed and disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010104372024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./608/2024 AKHLAI UDDIN S/O CHERAG ALI, VILL- SHERALIPUR, P.O.-LAMAJWAR, P.S.-BADARPUR, DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R CHOUDHURY, A S PRODHANI,S. TALUKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA