Page No.# 1/2 vs The State Of Assam And Anr
2022 Latest Caselaw 3468 Gua

                                                         Page No.# 1/2

GAHC010029292017




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


                              I.A.(Crl.)/476/2017

         MD. MAJNUR ALI and 3 ORS.
         S/O. LT. KANDA ALI


         2: MD. FARID ALI

         S/O. LT. JAYAD ALI


          3: MD. ALIM ALI

         S/O. LT. JAYAD ALI


          4: MD. HAMID ALI

         S/O. LT. JAYAD ALI. ALL ARE OF VILL. NAMDANGA
         P.S. NALBARI
         DIST. NALBARI
         ASSAM.
         VERSUS

         THE STATE OF ASSAM and ANR.


         2:MD. MAHSEN ALI

         S/O. LT. RAHIM ALI
         VILL. NAMDANGA
         P.S. NALBARI
         DIST. NALBARI
         ASSAM
         PIN-781351.
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            Advocate for : MRS.F BEGUM
            Advocate for : appearing for THE STATE OF ASSAM and ANR.



                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

09.09.2022

Heard Mr. L. Mohan, learned counsel for the applicants-petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the opposite party no. 1-respondent no. 1, State of Assam.

The opposite party no. 2-respondent no. 2 was the informant in Nalbari Police Station Case no. 69/2007 registered under Sections 341/325/323/34, Indian Penal Code [IPC]. It is submitted by Mr. Mohan, learned counsel for the applicants-petitioners and it is also reflected from the office note dated 06.03.2021 in the case records of the connected Criminal Revision Petition no. 230/2017 that the informant i.e. the opposite party no. 2-respondent no. 2 has expired.

The office note dated 06.03.2021 has reflected that the unserved notice in respect of the opposite party no. 2-respondent no. 2 had been received back with postal remark 'expired, returned to sender'. Thus, it is evident that the opposite party no. 2-respondent no. 2 has expired during the pendency of the connected Criminal Revision Petition no. 230/2017. Accordingly, the interlocutory application stands allowed observing that the execution of the sentence passed against the applicants-petitioners vide judgment and order dated 31.05.2017 shall remain suspended till disposal of the connected Criminal Revision Petition no. 230/2017.

JUDGE

Comparing Assistant