Kamal Kumar vs The State Of Assam And Anr
2023 Latest Caselaw 3834 Gua

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GAHC010158942023




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

                                 Case No. : Crl.A./350/2023

            KAMAL KUMAR
            S/O LATE JOGEN KUMAR,
            VILL.- KHUDRA KATALA BARKUCHI UNDER NALBARI POLICE STATION
            IN THE DISTRICT OF NALBARI, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY P.P., ASSAM.

            2:PARADA HALOI
            W/O LATE BARUN HALOI

            VILL.- KATALA BARKUCHI UNDER NALBARI POLICE STATION IN THE
            DISTRICT OF NALBARI
            ASSAM

Advocate for the Petitioner   : MR Z KAMAR

Advocate for the Respondent : PP, ASSAM
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                                           BEFORE
                          HONOURABLE MR. JUSTICE KALYAN RAI SURANA
                         HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                             ORDER

20-09-2023 (Kalyan Rai Surana, J)

1. Heard Mr. Z. Kamar, learned Senior counsel, assisted by Mr. S.J. Choudhury, learned counsel for the appellant as well as Ms. B. Bhuyan, learned Senior Counsel as well as learned Additional Public Prosecutor, appearing for the State of Assam.

2. On mentioning being made, this matter has been listed.

3. The learned Senior Counsel for the appellant has submitted that there were some defects and therefore, mention was made.

4. The Registry has put up a note dated 18.09.2023 regarding the Notification No. 17 dated 02.03.2023, which requires that the impugned judgment and order is required to be annexed in the Interlocutory Applications.

5. In view of the said requirement, the learned instructing counsel for the appellant shall provide a photocopy of the impugned judgment to the Criminal Appeal Section of this Court so as to make it a part of the Interlocution Application.

6. The learned Senior Counsel for the appellant has also pointed out that the Registry was insisting that the memo. of appeal shall also contain the certificate by the learned counsel to be appended to the memo. of appeal.

7. In this regard, learned Senior Counsel for the appellant has pointed out that the provisions of Section 382 of the Code of the Criminal Procedure, 1973 as well as the requirement of Chapter XI of the Gauhati High Court Rules relating to Criminal Business, read with Chapter IV of the Gauhati Page No.# 3/3

High Court Rules, as required under Rule 1 of Chapter XI, does not have a requirement of appending certificate to the memo. of appeal in a criminal appeal.

8. Therefore, on the next date, the Registry shall put up a note regarding whether there is any requirement of appending certificate of the learned advocate in the memo. of appeal.

9. In the meanwhile, the appellant shall take steps within 2(two) days for service of notice on respondent No. 2 by registered post with A/D as well as by usual process, to be served through the jurisdictional Magistrate. In the notice, it should be indicated that in the event the respondent No. 2 is unable to engage a learned counsel, he may apply for before the Gauhati High Court Legal Aid Committee for appointing a legal aid counsel.

10. The notice is made returnable in 4(four) weeks.

11. List accordingly.

                                 JUDGE                   JUDGE




Comparing Assistant