Sonowar Hussain And 2 Ors vs The State Of Assam And Anr
2021 Latest Caselaw 1707 Gua

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GAHC010041282021




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

                         Case No. : I.A.(Crl.)/147/2021


         1. SONOWAR HUSSAIN AND 2 ORS.
         S/O- LATE ABDUL KARIM FOKIR
          R/O- VILL.- BARBALA
          P.S. HOWLY
          P.O. BARBALA
          DIST.- BARPETA
         ASSAM.

         2: ASHIQUE ALI
         S/O- SONOWAR HUSSAIN
          R/O- VILL.- BARBALA
          P.S. HOWLY
          P.O. BARBALA
          DIST.- BARPETA
         ASSAM.

         3: TOMIJUDDIN
         S/O- SONOWAR HUSSAIN
         R/O- VILL.- BARBALA
         P.S. HOWLY
         P.O. BARBALA
         DIST.- BARPETA
         ASSAM.
         VERSUS

         THE STATE OF ASSAM AND ANR.
         REP. BY P.P.
         ASSAM

         2:AFZAL HUSSAIN (INFORMANT)
         S/O- LATE NASIRUDDIN
          R/O- VILL.- RAHAMPUR
          P.S.
          P.O. AND DIST.- BARPETA
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         ASSAM
         PIN- 781318.
         ------------
         Advocate for : MR. N ZAMAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
                       HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                            ORDER

27.07.2021 (Suman Shyam,J) Heard Mr. S. K. Jain, learned counsel for the applicants. We have also

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

submits that on 08.04.2021 a written objection on behalf of the State of Assam

has been filed in this case. However, the written objection is not available on

record.

We also find that service report on respondent No.2 is still awaited. Since

the respondent No.2 is the son of the victim, hence, service of notice upon the

said respondent cannot be readily dispensed with. At the same time, Mr. Jain

has invited out attention to the findings in the impugned judgment and order

passed by the learned trial court to contend that the charge brought against

the applicants/appellants could not be proved beyond reasonable doubt. On

such count Mr. Jain has prayed for consideration of this I.A. by submitting that

his clients are in jail since past seven months.

Having considered the submissions of learned counsel for the parties, we

are of the view that for expeditious disposal of the I.A. an attempt should be

made to serve the respondent No.2 through the Officer-in-Charge of Page No.# 3/3

concerned Police Station.

Appellants/applicants to therefore, take steps within three days from

today for issuance of notice to the respondent No.2 through the O/C, Barpeta

Police Station.

Registry to tag the written objection dated 08.04.2021 with the record of

this case.

Let this I.A. be listed again on 16.08.2021 with appropriate office note.

In the meantime, the learned Addl. P.P. may also obtain instruction from

the Officer-in-Charge of Barpeta Police Station as regards service of notice

upon respondent No.2.

                                          JUDGE                           JUDGE


Comparing Assistant