Gauhati High Court
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GAHC010278022019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/94/2019
MIYA HUSSAIN AND 3 ORS.
NAGAON, ASSAM.
2: SAHED ALI
NAGAON
ASSAM.
3: AZIZUL HOQUE @ AIJUL HOQUE
NAGAON
ASSAM.
4: HABIBUR RAHMAN
NAGAON
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. N K BARUAH, AMICUS CURIAE
Advocate for the Respondent : PP, ASSAM
Crl.A./414/2019
MD. ABDUL HEKIM AND ANR
S/O- LATE AHMED ALI
R/O- VILL. NO. 2 KANDHULIMARI
P.S. DHING
P.O. KANDHULIMARI
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DIST.- NAGAON
ASSAM
PIN- 782428.
2: MD. ABDUL RAHIM
S/O- LATE AHMED ALI
R/O- VILL. NO. 2 KANDHULIMARI
P.S. DHING
P.O. KANDHULIMARI
DIST.- NAGAON
ASSAM
PIN- 782428.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY THE P.P.
ASSAM
2:MUSTT. RUMENA KHATOON
W/O- LATE AJIBUR RAHMAN
R/O- VILL. NO. 2 KANDHULIMARI
P.S. DHING
P.O. KANDHULIMARI
DIST.- NAGAON
ASSAM
------------
Advocate for : MR K K MAHANTA
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 20.12.2021
(A.M. Bujor Barua, J)
Crl.A(J) 94/2019 is in respect of the appellants namely Miya Hussain as
appellant No.1, Sahed Ali as appellant No.2, Azizul Hoque @ Aijul Hoque as
appellant No.3 and Habibur Rahman as appellant No.4.
2. As it was an appeal from jail and Mr. N. Barua, learned counsel was
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appointed as an Amucus Curiae for all the appellants. During the progress of the
appeal, Mr. R.J. Das, learned counsel has entered appearance for the appellant
No.1 Miya Hussain, Ms. S.S. Zia, learned counsel appears for appellants No. 2 &
3 Sahed Ali and Azizul Hoque @ Aijul Hoque, respectively.
3. In the circumstance, Mr. N. Barua, learned Amicus Curiae now represents
only the appellant No.4 Habibur Rahman. As the appellants are represented by
the respective learned counsel, we require the Registry to segregate the
appellants and register separate appeals on behalf of all the four appellants by
retaining Crl.A(J) 94/2019 in respect of appellant No.4 Habibur Rahman and Mr.
N. Barua, learned Amicus Curiae would continue to represent the appellant to
the said appeal.
4. The subsequent appeals be registered in respect of other appellants by
showing the learned counsel who had entered appearance on their respective
behalf. The registration of the further appeals shall be a continuous proceeding
from the stage and shall not require any further orders for admission etc.
5. We have also noticed that in respect of another accused pursuant to the
same judgment dated 13.05.2019 in Crl.A.414/2019 had been instituted where
Mr. K.K. Mahanta, learned senior counsel appears for the appellant.
6. It is brought to our notice that paper book had been prepared in Crl.A.
414/2019. The same paper book be also provided to the learned counsel for all
the appellants.
7. Upon the requirements of further registration of the appeals and the paper
book being provided to the respective learned counsel being completed, all the
appeals be listed for its consideration.
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8. In view of the judgment of the Division Bench in Crl.A(J) 03(AP)/2020
dated 02.12.2021 and Crl.A.205/2018 dated 27.01.2021, we are not required to
await the issuance of notice to the informant/victim but however, it is provided
that if the informant/victim desires, liberty remains with them to participate in
the proceeding to assist the Public Prosecutor.
JUDGE JUDGE
Comparing Assistant
