Tutiur Rahman Patikar vs The State Of Assam And 6 Ors
2022 Latest Caselaw 2081 Gua

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GAHC010201922018




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

                          Case No. : I.A.(Crl.)/709/2018

         TUTIUR RAHMAN PATIKAR
         S/O LATE ARMIN ALI, VILL. BALESWAR, P.S. AND DIST. KARIMGANJ,
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 6 ORS,
         REPRESENTED BY PP, ASSAM.

         2:BILAL AHMED @ BILAL UDDIN
          S/O TASHIR ALI
         VILL. BALSEWAR
          P.S. AND DIST. KARIMGANJ
         ASSAM
          PIN

         3:ABU BAKKAR
          S/O LATE JUWAHIR ALI
         VILL. RATANPUR
         VILL. BALSEWAR
          P.S. AND DIST. KARIMGANJ
         ASSAM
          PIN

         4:AMIR HUSSAIN @ ABRA

          S/O LATE FAKKAR UDDIN
          VILL. BALSEWAR
          P.S. AND DIST. KARIMGANJ
          ASSAM
          PIN
                                                                                    Page No.# 2/3

            5:FAKRUL ISLAM
             S/O LATE ATHIR MIA
            VILL. BALSEWAR
             P.S. AND DIST. KARIMGANJ
            ASSAM
             PIN

            6:ALA UDDIN @ ALAI
             S/O LATE TASAI MIA @ TASAI
            VILL. BALSEWAR
             P.S. AND DIST. KARIMGANJ
            ASSAM
             PIN

            7:TAHIR ALI
             S/O LATE TERAI MIA
            VILL. BALSEWAR
             P.S. AND DIST. KARIMGANJ
            ASSAM
             PI

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

10.06.2022 (Suman Shyam, J)

Heard Mr. A. Ahmed, learned counsel for the applicant. We have also

heard Ms. S. Jahan, learned Addl. P.P., Assam, appearing on behalf of the

State. Mr. J. Das, learned Legal Aid Counsel is present on behalf of respondent

Nos.2 and 5 whereas Ms. P. Adhikari, learned counsel is present on behalf of

respondent No.7.

This I.A. has been filed seeking leave of this Court to prefer an appeal Page No.# 3/3

against the order dated 20.05.2017 passed by the learned Sessions Judge,

Karimganj in Sessions Case No.2/2017 discharging the respondent Nos.2 to 7,

who were the accused persons in that case.

Questioning the maintainability of the petition and the connected

appeal, Mr. Das submits that since it is not a judgment on merit granting

acquittal to the accused, appeal under Section 372 of the Cr.P.C. would not be

maintainable. To that extent, submits Mr. Das, this leave petition is also not

maintainable in the eye of law.

Responding to the same, Mr. Ahmed seeks leave of this Court to

withdraw this leave petition and the connected appeal with liberty to file

appropriate petition along with an application for condonation of delay.

The respondents' counsel submits that they would have no objection if

the prayer is allowed.

Taking note of the submissions of learned counsel for both the sides this

I.A. is permitted to be withdrawn with liberty to file appropriate petition

accompanied by application for condonation of delay.

Consequently, the connected appeal shall stand closed.

                                           JUDGE                                 JUDGE



Comparing Assistant