Sri Nitul Saikia vs The State Of Assam And Anr
2021 Latest Caselaw 202 Gua

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GAHC010098062020




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

                                  Case No. : Crl.A./205/2020

            SRI NITUL SAIKIA
            S/O SRI MANGOLA SAIKIA, VILL-UTTAR PETBOHA, P.S.-RAHA, DIST-
            NAGAON, ASSAM, PIN-782460


            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:TULAN SAIKIA
             S/O LATE BEJIA SAIKIA
            VILL-UTTAR PETBOHA
             P.S.-RAHA
             DIST-NAGAON
            ASSAM
             PIN-78246

Advocate for the Petitioner   : MR. N UDDIN

Advocate for the Respondent : PP, ASSAM




             Linked Case : CRL.A(J)/63/2020

            NITUL SAIKIA
            NAGAON
            ASSAM.


             VERSUS
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            THE STATE OF ASSAM
            REP. BY PP
            ASSAM.


            ------------
            Advocate for : MS. B CHOWDHURY
            AMICUS CURIAE
            Advocate for : PP
            ASSAM appearing for THE STATE OF ASSAM


                                   BEFORE
                    HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                     HON'BLE MR. JUSTICE SOUMITRA SAIKIA

                                            ORDER

22.01.2021 [N. Kotiswar Singh, J.]

Heard Mr. N. Uddin, learned counsel for the appellant. Also heard Mr. M. Phukan,

learned Additional Public Prosecutor, Assam.

It has been submitted that a criminal appeal being numbered as Crl.A. No.205/2020

has been preferred by the convicted accused Nitul Saikia against the judgment and order

dated 21.10.2019 passed by the learned Additional Sessions Judge, Nagaon, in Sessions (T1)

Case No.47/2018 under Section 302 IPC.

Though the appellant has filed the regular appeal registered as Crl.A. No.205/2020, it

appears that another appeal has been preferred as the instance of the jail authorities being

Crl.A.(J) No.63/2020, perhaps unaware of the appeal already filed by the appellant.

In that view of the matter, we deem it appropriate to close the Crl.A.(J) No.63/2020, as

the same was filed by the same appellant.

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It appears from the office note dated 28.12.2020 in Crl.A.(J) No.63/2020 that notice

was issued to the informant through the O/C, Raha Police Station, District-Nagaon, vide

Memo No.HC.XXIV/286/Crl.Appl.(J), dated 28.12.2020 by Speed Post.

Accordingly, await for the service report.

In the meantime, paper book be prepared as the LCR has already been received and

copies of the same be served on the learned counsel appearing for the parties.

List Crl.A. No.205/2020 for hearing as soon as the paper book is prepared.

               Sd/- Soumitra Saikia                Sd/- N. Kotiswar Singh
                         JUDGE                              JUDGE




Comparing Assistant