Paresh Kakoty vs The State Of Assam And Anr
2022 Latest Caselaw 3291 Gua

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GAHC010190992020




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

                                  Case No. : Crl.A./141/2021

            PARESH KAKOTY
            S/O- LATE ATUL KAKOTY,
            R/O- KHEMDOI KAKOTY GAON, P.S.-AMGURI, DIST- SIVASAGAR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY PP, ASSAM.

            2:PURABI SARMA
            W/O- SRI RABIN SARMA
             R/O- KHEMDOI KAKOTY GAON
             P.S.- AMGURI
             DISTRICT- SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MR J I BARBHUIYA

Advocate for the Respondent : PP, ASSAM




             Linked Case : CRL.A(J)/99/2020

            PARESH KAKOTY
            SIBSAGAR
            ASSAM.


             VERSUS
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             THE STATE OF ASSAM
             REP. BY PP
             ASSAM.


             ------------
             Advocate for : MR. A AHMED
             AMICUS CURIAE
             Advocate for : PP
             ASSAM appearing for THE STATE OF ASSAM



                                  BEFORE
                  HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                      ORDER

30.08.2022

Mr. U.U. Khan, learned counsel appearing on behalf of Mr. Azad Ahmed, learned Amicus Curiae appointed in the matter.

He has submitted that in connection with this jail appeal, this Court had appointed Amicus Curiae. However, subsequently the appellant by engaging a private counsel has already preferred an appeal against the judgment dated 22.10.2019 passed by the learned Additional Sessions Judge, Sivasagar in Sessions Case no.89(S-S)2011.

Two appeals against the same judgment would not be maintainable. Therefore, on having heard the learned APP, the Court is inclined to close the proceeding of Crl.App.(Jail) 99/2020 on the ground that the appellant has already instituted Crl. Appeal no.141/2021, which is pending for disposal before the Court.

This proceeding stands disposed of.

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JUDGE

Comparing Assistant