Md. Azgar Ali vs The State Of Assam And Anr
2022 Latest Caselaw 2408 Gua

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GAHC010116152019




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

                                Case No. : Crl.Rev.P./219/2019

            MD. AZGAR ALI
            S/O- MD. ABED ALI, PERMANENT RESIDENT OF VILL.- BHANGNAMARI,
            P.O. AND P.S. BHANGNAMARI, DIST.- NALBARI, ASSAM, PIN- 781126 AND
            PRESENTLY RESIDING AT VILL.- GHARUBAHA, P.O. MUGDI, P.S.
            MUKALMUA, DIST.- NALBARI, ASSAM, PIN- 781312.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE P.P., ASSAM, GAUHATI HIGH COURT, GUWAHATI- 7810001.

            2:MISS ASMINA KHATUN
             D/O- MD. AMZAD ALI
             R/O- VILL.- KANDHBARI
             P.S. MUKALMUA
             DIST.- NALBARI
            ASSAM
             PIN- 781126

Advocate for the Petitioner   : MR. A K HUSSAIN

Advocate for the Respondent : PP, ASSAM




                                      BEFORE
                         HON'BLE MR. JUSTICE ROBIN PHUKAN


                                          ORDER

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20.07.2022.

None appears for the petitioner on call.

Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the State respondent No.1 and also heard Mr. R. Islam, learned counsel for the respondent No.2.

It is to be noted here that this petition under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973, is preferred by Md. Azgar Ali challenging the legality, propriety and correctness of the judgment and order dated 22.04.2019, passed in Criminal Appeal No.86/2018 by the learned Addl. Sessions Judge No.2, Kamrup (M) at Guwahati.

Though the petitioner remains absent consecutively, we are not inclined to dismiss the petition for non-prosecution. Instead we would like to direct the Registry to appoint one Amicus Curiae to conduct the case of the petitioner and list the matter after one week, reflecting the name of Amicus Curiae in the cause list.

JUDGE

Comparing Assistant