Page No.# 1/3 vs The State Of Assam And Anr
2024 Latest Caselaw 6407 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 31 August, 2024

                                                                   Page No.# 1/3

GAHC010053602024




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

                           Case No. : Crl.A./74/2024

         SOHIDUL HOQUE @ MD. SAHIDUL HOQUE AND 4 ORS.
         S/O LATE FAZAR SHEIKH @ FAZAR ALI,
         VILL.- TOKRABANDHA, P.S.- CHAPAR, DIST.- DHUBRI, ASSAM.

         2: JAHAN UDDIN
          S/O LATE KOSER ALI @ KOCHER ALI

         VILL.- TOKRABANDHA
         P.S.- CHAPAR
         DIST.- DHUBRI
         ASSAM.

         3: JAMAL UDDIN
          S/O LATE KOSER ALI @ KOCHER ALI

         VILL.- TOKRABANDHA
         P.S.- CHAPAR
         DIST.- DHUBRI
         ASSAM.

         4: OSMAN ALI
          S/O LATE FAZAR ALI @ FAZAR SHEIKH

         VILL.- TOKRABANDHA
         P.S.- CHAPAR
         DIST.- DHUBRI
         ASSAM.

         5: KOSER ALI @ MD. KASER ALI
          S/O LATE SATOR UDDIN SHEIKH @ SATAR UDDIN

         VILL.- TOKRABANDHA
         P.S.- CHAPAR
         DIST.- DHUBRI
                                                                                 Page No.# 2/3

             ASSAM

            VERSUS

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

            2:MD. MEHER JAMAL
             S/O LATE BAPARI AKAND

            VILL.- MASHNER ALGA
            P.S.- BILASIPARA
            DIST.- DHUBRI
            ASSAM

Advocate for the Petitioner   : MR. N UDDIN, MS. S SULTANA,MR. M ISLAM,MR G
SAROWAR

Advocate for the Respondent : PP, ASSAM,




                                      BEFORE
                    JOINT REGISTRAR (JUDL.) MR. CHINMOY BARUAH

                                           ORDER

Date : 31.08.2024

Case taken up before the Lawazima Court.

Learned counsel Mr. M. Islam appears on behalf of the appellants. Perused the records.

Seen the office note dated 31.08.2024, wherein, it has been stated that notice was issued to the respondent No. 2 by registered post with A/D on 05.04.2024.

Now, as for the aforesaid notice, it appears that no A/D card or un-served notice has been received by the concerned section as of yet. In addition to the aforesaid, it seems that the postal track consignment report is also not available in respect of the respondent mentioned above.

However, the learned counsel Mr. M. Islam appearing on behalf of the appellants submits that in an another Criminal Appeal matter bearing Crl. A. No. 121/2024 arising out of Page No.# 3/3

the same Judgment and order dated 30.01.2024 passed in Session Case No. 66/2016, the respondent No. 2 (i.e. Meher Jamal) is also arrayed as respondent No.2. And, in that said Criminal Appeal No. 121/2024, it has been observed that respondent No. 2 has expired.

It may be mentioned that the aforementioned Criminal Appeal bearing Crl.A. No. 121/2024 is also listed before this Lawazima Court today. The case record of the said Criminal Appeal is carefully perused and upon such perusal, it has been observed that the respondent No. 2 (i.e. Meher Jamal) has expired, as per the process server's report received from the learned C.J.M., Dhubri.

In view of the above, the instant matter is laid before the Hon'ble Court.

Joint Registrar (Judicial)

Comparing Assistant