Jalal Ali vs The State Of Assam And Anr
2022 Latest Caselaw 544 Gua

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GAHC010028132022




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

                              Case No. : I.A.(Crl.)/62/2022

           JALAL ALI
           S/O LATE AYNAT ALI, R/O VILL. CHAPRA, P.S. BARAMA, DIST. BAKSA.



           VERSUS

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

           2:KASHED ALI
            S/O LATE AMER ALI
           VILL. HARANJHAR
            P.S. BARAMA
            DIST. BAKSA
            PIN 78134

Advocate for the Petitioner : MR. A CHAUDHURY
Advocate for the Respondent :




                                 BEFORE
                   HONOURABLE MR. JUSTICE SUMAN SHYAM
                HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                        ORDER

Date : 16-02-2022

Suman Shyam, J

Heard Mr. A. Choudhury, learned counsel for the applicant. Also heard Mr. Bankim Page No.# 2/4

Sarma, learned Addl. P.P. Assam appearing for the State.

This I.A. has been filed in a disposed of criminal appeal with a prayer to correct

certain error which had inadvertently crept up in the judgment and order dated 27-01-

2022 passed by this Court in Crl. Appeal No. 242/2018. The brief facts of the case, giving

rise to filing of the present I.A. are as follows:-

By the judgment and order dated 20-06-2018 passed by the learned Sessions

Judge, Nalbari, four accused persons including the present applicant viz. Md. Jalal Ali

were convicted under Section 302/34 IPC and were sentenced to undergo imprisonment

for life and also to pay fine of Rs. 5000/- each.

Aggrieved by the judgment dated 20-06-2018, the four convicted persons had

approached this Court by filing a Crl. Appeal No. 242/2018. During the pendency of the

aforesaid appeal one of the appellants, i.e. the applicant Md. Jalal Ali had filed I.A. (Crl.)

No. 475/2019 taking the plea of juvenility. Taking note of the said plea, this Court had

called for a report from the jurisdictional Sessions Judge. On being satisfied with the

report submitted by the learned Sessions Judge, Baksa, this Court had passed order dated

18-02-2020 in I.A. (Crl.) No. 475/2019 holding that the appellant/ applicant Md. Jalal Ali

was a juvenile. Accordingly, he was forwarded to the Juvenile Justice Board (JJB) for

passing appropriate order. In the order dated 18-02-2020 it was also observed that the

sentence against the applicant shall be deemed to have no effect. Consequently, there

were only three appellants in Crl. Appeal No. 242/2018 pursuing the appeal before this

Court. However, we find that notwithstanding the order dated 18-02-2020, no step was

taken by the learned counsel for the applicant/ appellant to strike out the name of Md.

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Jalal Ali from the array of parties in the connected appeal. Not only that, while the appeal

was being finally heard by this Bench, the learned counsel for the appellant also did not

invite the attention of this Court to the order dated 18-02-2020. As a result of the same,

while delivering the judgment and order dated 27-01-2022 dismissing the appeal

preferred by the three appellants and affirming their conviction, the name of the applicant

Md. Jalal Ali was also mentioned in paragraph 35 as one of the appellants. In view of the

above, an anomalous situation has now arisen whereby the applicant Md. Jalal Ali, despite

having been found to be a juvenile, has again been brought within the ambit of the

judgment dated 20-06-2018 passed by the Sessions Judge, Nalbari.

It is submitted at the bar that if the aforesaid error in the judgment dated 27-01-

2022 is not corrected, then the same would lead to miscarriage of justice insofar as the

applicant Md. Jalal Ali is concerned.

The learned Addl. P.P. Assam, Mr. Sarma has also fairly conceded to the said

position.

In view of the above, considering the facts and circumstances of the case in its

entirety and in the interest of justice, we invoke our inherent jurisdiction under Section

482 Cr.P.C. and direct that the name of the appellant/ applicant Md. Jalal Ali be deemed to

have been deleted from the array of parties in the connected Crl. A. No. 242/2018

(Disposed of) as well as from paragraph 35 of the judgment dated 27-01-2022 passed in

Crl. Appeal No. 242/2018.

This I.A. stands disposed of with the above clarification.

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JUDGE JUDGE GS

Comparing Assistant