Arun Tanti vs The State Of Assam
2022 Latest Caselaw 4070 Gua

                                                                               Page No.# 1/2

GAHC010135382022




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

                                 Case No. : CRL.A(J)/72/2022

             ARUN TANTI
             S/O. LT. DASARATH TANTI, VILL. SAKOMATO T.E PUCCA LINE, P.S.
             BISWANATH CHARIALI, DIST. BISWANATH, ASSAM.



             VERSUS

             THE STATE OF ASSAM
             REP. BY PP, ASSAM.



Advocate for the Petitioner   : MR. RAKESH SARMA (Amicus Curiae)

Advocate for the Respondent : PP, ASSAM




                                           BEFORE
                   HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                     HON'BLE MR. JUSTICE ROBIN PHUKAN
                                            ORDER

21.10.2022

[N. Kostiswar Singh, J] Heard Mr. R. Sharma, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel as well as learned Additional Public Prosecutor, Assam assisted by Mr. J. Das, learned counsel for the State.

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From the records we have noted that the informant is one Sri Bhabananda Tanti, son of Late Dasharath Tanti, Village: Sakumotha Paka Line, district & P.S. : Biswanath, whose brother was killed by the appellant. The appellant is also his brother.

Accordingly, in view of the decision of the Hon'ble Supreme Court passed in the case of Jagjeet Singh & Ors. vs. Ashish Mishra @ Monu & Anr. Reported in (2022) SCC OnLine 453, we are of the view that the informant is required to be notified of the appeal.

Accordingly, the informant, namely, Sri Bhabananda Tanti, may be notified of the appeal arising out of the judgment and order dated 09.03.2022 passed by the learned Additional Sessions Judge, FTC, Biswanath Chariali in Sessions Case No.44/2019 (Biswanath Chariali P.S. Case No.266/18) by the Officer-in-Charge of the concerned Police Station, so as to enable him to appear before this Court and if the said informant wishes to avail the legal aid service, the Biswanath Chariali District Legal Service Authority will provide the same.

A copy of this order be furnished to the Secretary of the Biswanath Chariali District Legal Service Authority/ the Sonitpur Legal Service Authority for doing the needful.

Though the LCR has been received, the paper book has not yet been prepared.

Accordingly, let the paper book be prepared and the same be furnished to the learned counsel for all the parties.

List the matter for hearing in usual course by showing the names of learned counsel for the parties.

                                     JUDGE                                   JUDGE


Comparing Assistant