Page No.# 1/3 vs The State Of Assam And 3 Others
2024 Latest Caselaw 45 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 3 Others on 4 January, 2024

                                                          Page No.# 1/3

GAHC010228262023




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

                          Case No. : Crl.Pet./1105/2023

         JAHIDUL ISLAM AND 2 ORS
         S/O KAJIMUDDIN
         R/O VILL- CHUNBARI
         P.S. GOBARDHANA
         DIST. BAKSA
          ASSAM

         2: JAKIR @ ZAKIR HUSSAIN
         S/O HAIDAR ALI
         R/O KUTHURIJHAR
         P.S. GOBARDHANA
         DIST. BAKSA
         ASSAM

         3: ABU SHAMA AHMED
         S/O MIR ALI
         R/O VILL- SHANTI NAGAR

         WARD NO. 09
         P.S. BARPETA ROAD

         DIST. BARPETA
         ASSAM
         VERSUS

         THE STATE OF ASSAM AND 3 OTHERS
         REP. BY THE PP
         ASSAM

         2:SI OMPRAKASH TIWARI
         BARPETA POLICE STATION

         DIST. BARPETA
         ASSAM
                                                                       Page No.# 2/3

           3:MINISTRY OF HOME AFFAIRS
           UNION OF INDIA.
           REP. BY THE COMMISSIONER AND SECRETARY
           NORTH BLOCK
           CABINET SECRETARIAT
           RAISINA HILL
           NEW DELHI-110001.
           4:HOME DEPARTMENT
           GOVT. OF ASSAM
           REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
           HOME DEPARTMENT.
           ------------
           Advocate for : MR S BORTHAKUR
           Advocate for : PP
           ASSAM appearing for THE STATE OF ASSAM AND 3 OTHERS



                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                    ORDER

Date : 04.01.2024

Heard Mr. S. Borthakur, learned counsel for the petitioners. Also heard Mr. P. S. Lahkar, learned Public Prosecutor for the State respondent.

It is submitted by learned counsel for the petitioner that another criminal petition arising out of the same case is pending before a coordinate Bench of this Court (Hon'ble Mr. Justice Manash Ranjan Pathak) and as the same question is raised in both the criminal petition, it would be appropriate if both the criminal petition are heard by a single Court, otherwise there may be possibility of conflict of judgments.

Learned Public Prosecutor also agrees to the submissions made by learned counsel for the petitioner.

Page No.# 3/3

In view of the submissions made by learned counsel for both the sides, let this criminal petition case be listed along with Criminal Petition No. 1108/2023 by the Registry before the appropriate Bench.

JUDGE

Comparing Assistant