Sri Papu Saikia vs The State Of Assam And 2 Ors
2021 Latest Caselaw 1322 Gua

                                                                      Page No.# 1/3

GAHC010099762019




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

                                  Case No. : Crl.A./199/2019

            SRI PAPU SAIKIA
            S/O- PUSPA SAIKIA, R/O- MURHATETELI, KACHARIGAON, UNDER
            KACHARIGAON POLICE STATION, DIST.- SONITPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE P.P., ASSAM.

            2:SMTI. DEEPTI BARUA
            W/O- SRI PURNA BARUA
             R/O- KUMARGAON
            TEZPUR UNDER TEZPUR POLICE STATION
             DIST.- SONITPUR
            ASSAM
             RETIRED HEAD MISTRESS OF- COLEGIATE HIGH SCHOOL
            TEZPUR
             SONITPUR
            ASSAM.

            3:BIREN CHANDRA DEKA
             RESIDENT AT MAZGAON COLLEGIATE HIGH SCHOOL

            UNDER TEZPUR POLICE STATION

Advocate for the Petitioner   : MR. A M BORA

Advocate for the Respondent : PP, ASSAM




                                          BEFORE
                                                                              Page No.# 2/3

                     HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                        ORDER

Date : 05-04-2021 Suman Shyam, J

Heard Mr. B. Choudhury, learned counsel for the appellant. We have also heard Ms.

B. Bhuyan, learned Addl. P.P. Assam who has produced a copy of the report issued by the

Officer-in-Charge, Tezpur Police Station, which goes to show that in terms of the order

dated 03-02-2021 passed by this Court, notice has been served upon respondent No. 3

i.e. the father of the deceased who had been impleaded in this appeal. However, none

has appeared for the said respondent.

At this stage, Mr. Choudhury submits that although the respondent No. 3 who is a

member of the victim's family, has been impleaded in this case, the Cr.P.C. does not

recognize any such right of the victim's family to participate in criminal trial, save and

except, rendering assistance to the P.P. Therefore, whether there is any scope for the

family members of the deceased to participate in a criminal proceeding, that too at the

appellate stage, is a matter which would call for consideration by this Court, since the

issue would have wide ramifications in such proceedings.

Ms. Bhuyan, learned Addl. P.P. Assam has also fairly agreed that this matter calls

for deeper consideration in view of the judgment and order dated 27-01-2021 passed by

the coordinate Bench of this Court in Crl. Appeal No. 205/2018 ( Smt. Bormoty

Panggeng Vs. The State of Arunachal Pradesh & Anr.).

From a perusal of the order dated 03-02-2021, it is not discernable as to the Page No.# 3/3

reason why the respondent No. 3 was directed to be impleaded in this appeal.

In the order dated 27-01-2021 passed by a coordinate Bench it has been held that

service of notice upon informant except when the informant is a member of the victim's

family, would not be mandatory. As per Section 301 of the Cr.P.C. also, there is limited

scope of participation of the informant/ victim in a criminal trial. We are, therefore, of the

view that the issue raised by the appellant's counsel would have a relevant bearing not

only in the present proceeding but also in future proceedings of this nature. Hence, the

issue deserves proper consideration, before the appeal is heard on merit.

We, therefore, deem it appropriate to direct the Registry to post this matter before

the Bench which had passed the order dated 03-02-2021, subject to availability of the

Bench, so as to consider the matter in proper perspective in the light of the order dated

03-02-2021.

List accordingly.

                           JUDGE                       JUDGE
GS


Comparing Assistant