Disposed

Pinkoo Gogoi v. the State of Assam and Anr.

Gauhati HC6 Dec 2023Crl.A./388/2023

Case brief

AI extract

What is this about?

The High Court dismissed an appeal for lack of maintainability. Counsel submitted that appeals against orders of Sub Divisional Judicial Magistrates must be filed in the Sessions Court under section 374(3) Cr.P.C. The High Court closed the appeal.

What did the court decide?

The appeal stands closed with directions to return certified copy and consider future applications under section 389 Cr.P.C.

Pinkoo Gogoi Vs the State of Assam and Anr. — Criminal Trial and Appeal | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010095572023

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

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Case No. : Crl.A./388/2023

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PINKOO GOGOI S/O LATE ANANDA CHANDRA GOGOI, R/O JATAKIA GOAN, P.O.- JATAKIA GAON, P.S.- NAZIRA, DIST.- SIVASAGAR, PIN- 785666 (ASSAM).

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY THE LEARNED PROSECUTOR.

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2:X

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REP. BY HER WIFE OF THE APPELLANT SMTI. MADHUSMITA GOGOI AGED ABOUT 27 YEARS

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W/O SRI PINKOO GOGOI

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D/O SRI RABIN GOGOI R/O DEOGHARIA GAON P.O.- DEOGHARIA DIST.- SIVASAGAR PIN- 785696 (ASSAM)

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Advocate for the Petitioner : DR. B N GOGOI

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 06-12-2023

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None appears for the appellant on call. This appeal was admitted by this court under its order dated 17.10.2023.

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At this stage, the learned Addl. PP raises an objection to the maintainability of the present appeal.

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As none appears for the appellant on call, this court requests Mr. N.J. Dutta, learned counsel to assist this court regarding the point of maintainability of the present appeal raised by the learned Addl. PP.

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Mr. N.J. Dutta has submitted that as the original judgment of conviction and sentence is passed by the Sub Divisional Judicial Magistrate, (M) Nazira convicting the appellant under section 498A/320 IPC, the present appeal shall not be maintainable before this court, rather the same is required to be filed before the jurisdictional Sessions Court in terms of provisions of section 374(3) of the Code of Criminal Procedure, 1973.

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Perused the materials available on record.

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The present appeal is filed under section 374(2) Cr.P.C against the impugned judgment and order dated 03.04.2023 passed by the learned Sub Divisional Judicial Magistrate, (M) Nazira in PRC Case No.349/2020 arising out of FIR No.20/2022 under section 498A/323 IPC.

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Page No.# 3/3

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The judgment and conviction passed by the jurisdictional Sub Divisional Judicial Magistrate (M), Nazira is an appealable judgment and same shall lie before the appellate forum of the jurisdictional Sessions Judge.

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In that view of the matter the present appeal is not maintainable before this court. Accordingly, the present appeal stands closed.

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If any original certified copy of the judgment is part of the record, the same be returned back to the appellant and it is further provided that, in the event an appeal is filed before the jurisdictional appellate court, the period spent in this court, be condoned.

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Accordingly the present criminal appeal stands closed.

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The LCR be retuned back to the learned Trial Court. A copy of this order be communicated to the appellant.

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In the event the appellant prefers an application under the provisions of section 389 Cr.P.C before the learned jurisdictional appellate authority, the same be considered as per law.

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JUDGE

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Comparing Assistant

Pinkoo Gogoi v. the State of Assam and Anr.

Case brief

What is this about?

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Pinkoo Gogoi v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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