Sunil Barman vs The State Of Assam
2021 Latest Caselaw 1895 Gua

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GAHC010119682017




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

                                 Case No. : CRL.A(J)/9/2017

            SUNIL BARMAN




            VERSUS

            THE STATE OF ASSAM




Advocate for the Petitioner   : MR.Z HUSSAIN

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                    HONOURABLE MR. JUSTICE SUMAN SHYAM
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 18-08-2021 Suman Shyam, J

Heard Mr. Z. Hussain, learned amicus curiae appearing for the appellant. We have

also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State.

Perused the office note dated 11-08-2021. In this case the informant could not be Page No.# 2/2

served since his address could not be ascertained. It appears from the materials on

record that the informant is a resident of Jalpaiguri district in the State of West Bengal

and notice sent to him earlier has returned back unserved. Even the attempt to serve

notice upon the informant through the office of the Superintendent of Police, Jalpaiguri

district in the State of West Bengal has failed to yield any result.

By referring to the judgment of this Court rendered in the case of Smt. Bormoty

Panggeng Vs. The State of Arunachal Pradesh & Anr. reported in 2021 (1) GLT

833, the Registry has pointed out that it may not be necessary for this Court to serve

notice upon the informant in this case.

Considering the facts and circumstances of the case as well as the decision of the

Division Bench of this Court in the case of Bormoty Panggeng (Supra), we are of the

view that any effort to serve the informant in this case would result into unnecessary

delay in disposal of the appeal. As such, we direct that service of notice upon the

informant be dispensed with in this case. This matter be, therefore, deemed to be ready

as regards service.

Since the appeal has already been admitted and the paper book is also ready,

Registry to list this case for hearing in usual course.

                           JUDGE                          JUDGE
GS


Comparing Assistant