Mustak Ali @ Golap Mostafa @ Golam ... vs The State Of Assam And Anr
2023 Latest Caselaw 4581 Gua

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GAHC010055912018




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

                                   Case No. : Crl.A./82/2018

            MUSTAK ALI @ GOLAP MOSTAFA @ GOLAM MOSTAFA
            S/O KARIM ALI, R/O FINGUA PATHAR, P.S. SARTHEBARI, DIST. BARPETA,
            ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR
            S/O MAKSED ALI, R/O FINGUA PATHAR, SARTHEBARI, P.S. SARTHEBARI,
            DIST. BARPETA, ASSAM, PIN 781307

            2:MD. BAHADUR ALI
             S/O MAKSED ALI
             R/O FINGUA PATHAR
             SARTHEBARI
             P.S. SARTHEBARI
             DIST. BARPETA
            ASSAM
             PIN 78130

Advocate for the Petitioner   : MR. B K MAHAJAN

Advocate for the Respondent : PP, ASSAM



             Linked Case : Crl.A./85/2018

            AMIR BHUYAN @ AMIR ALI BHUYAN AND 6 ORS
            S/O LATE NEBAJ ALI BHUYAN

            2: SIRAJ BHUYAN @ SHIRAJUL HAQUE BHUYAN
            S/O LATE HARMUJ ALI BHUYAN
                                               Page No.# 2/4

R/O FINGUA PATHAR
P.S. SARTHEBARI
DIST. BARPETA
ASSAM.

4: NURUZ ZAMAN BHUYAN @ NUR JAMAL BHUYAN
S/O AMIR ALI BHUYAN
R/O FINGUA PATHAR
P.S. SARTHEBARI
DIST. BARPETA
ASSAM.

5: TAZBAR ALI BHUYAN AND TAJIBAR ALI BHUYAN
S/O LATE HARMUJ ALI BHUYAN
R/O FINGUA PATHAR
P.S. SARTHEBARI
DIST. BARPETA
ASSAM.

6: TAIJUDDIN BHUYAN
S/O LATE HARMUJ ALI BHUYAN
R/O FINGUA PATHAR
P.S. SARTHEBARI
DIST. BARPETA
ASSAM.

7: SADEK ALI @ SADEK BHUYAN
S/O LATE HARMUJ ALI BHUYAN
R/O FINGUA PATHAR
P.S. SARTHEBARI
DIST. BARPETA
ASSAM.

8: SAIJUDDIN ALI BHUYAN @ SAIJUDDIN BHUYAN
S/O HARMUJ ALI BHUYAN
ALL ARE R/O FINGUA PATHAR
P.S. SARTHEBARI
DIST. BARPETA
ASSAM.
VERSUS

THE STATE OF ASSAM AND ANR
REPRESENTED BY PP
ASSAM.

2:MD. BAHADUR ALI
S/O MAKSED ALI
 R/O FINGUA PATHAR
                                                                                   Page No.# 3/4

         SARTHEBARI
         P.S. SARTHEBARI
         DIST. BARPETA
         ASSAM.
         ------------
         Advocate for : MR. B K MAHAJAN
         Advocate for : PP
         ASSAM appearing for THE STATE OF ASSAM AND ANR



                                   BEFORE
                     HONOURABLE MR. JUSTICE SUMAN SHYAM
                   HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                          ORDER

10.11.2023 (Suman Shyam, J)

Heard Mr. N. Mahajan, learned counsel for the appellant in Criminal Appeal

No.82/2018. Also heard Mr. V. A. Choudhury, learned counsel for the appellants

in Criminal Appeal No.85/2018.

Ms. S. Jahan, learned Addl. P.P., Assam is present on behalf of the State in both

the appeals and Mr. A. Haque, learned counsel has appeared for the accused

persons acquitted in connection with Sessions Case No.131/2014. However, it

appears that the accused persons acquitted in Sessions Case No.347/2015

have neither been served nor have they entered appearance in these

proceedings.

Since the common judgment and order dated 16.02.2018 passed by the

learned trial Court disposing of the Sessions Case No.131/2014 as well as the

Sessions Case No.347/2015 has been assailed in these appeals primarily on the

ground that the learned trial Court was not correct in disposing of two Sessions

Cases by a common judgment and order, it would be necessary for this Court

to hear the accused persons acquitted in connection with Sessions Case Page No.# 4/4

No.347/2015. It is apparently for the said reason that this Court had passed order

dated 18.09.2023 directing notice to be served upon the four acquitted

accused persons in Sessions Case No.347/2015 thorough the jurisdictional

Magistrate.

Office note dated 08.11.2023 indicates that notices have been issued to the

four accused persons but there is no report of service of notice upon them.

In view of the above, Registry to verify the records and list the mater again after

six weeks with service report.

                                         JUDGE                                    JUDGE



Comparing Assistant