Gauhati High Court
Smti Gitumoni Das vs The State Central Bureau Of ... on 14 November, 2024
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GAHC010184912014
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./116/2014
SMTI GITUMONI DAS,
W/O SRI BHAVANANDA DAS, TENANT OF SRI PHANI SARMA,
JYOTINAGAR, SECOND LAFT BYE LANE FROM KOHINOOR THEATER,
PATHSALA, DIST. BARPETA, ASSAM
VERSUS
THE STATE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY THE RETAINER COUNSEL, CBI, GAUHATI HIGH COURT
Advocate for the Petitioner : MS.R BORA, MR.U CHAMUAH,MR. A CHAMUAH,MR.P P
BORTHAKUR
Advocate for the Respondent : , ,SC, CBI,
Linked Case : Crl.A./166/2014
PRANAB DAS
S/O DEBENDRA DAS
R/O GOBINDAPUR
PATHSHALA
P.S. PATACHARKUCHI
DIST. BARPETA
ASSAM.
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VERSUS
CENTRAL BUREAU OF INVESTIGATION
------------
Advocate for : MR.K DAS
Advocate for : appearing for CENTRAL BUREAU OF INVESTIGATION
Linked Case : Crl.A./97/2014
MITALI GOSWAMI KALITA
W/O LT. BEDABRATA KALITA
R/O GOBINDAPUR
PATHSALA
UNDER PATACHARKUCHI POLICE STATION IN THE DIST. OF BARPETA
ASSAM.
VERSUS
CENTRAL BUREAU OF INVESTIGATION
------------
Advocate for : MS.C CHOUDHURY
Advocate for : MR.P N CHOUDHURY appearing for CENTRAL BUREAU OF
INVESTIGATION
Linked Case : Crl.A./104/2014
MUKUL KALITA
S/O LATE TARANI KALITA
R/O VILL. PATHSALA
UNDER PATACHARKUCHI POLICE STATION
IN THE DIST. OF BARPETA
WITHIN THE STATE OF ASSAM
VERSUS
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CENTRAL BUREAU OF INVSTIGATION CBI
------------
Advocate for : MR.A HUSSAIN
Advocate for : appearing for CENTRAL BUREAU OF INVSTIGATION CBI
Linked Case : Crl.A./124/2014
MADAN GOPAL SAHA and 3 ORS.
S/O LATE NARAYAN CHANDRA SAHA
R/O WARD NO. 9
SHAKTINAGAR
BARPETA ROAD
DIST. BARPETA
ASSAM.
2: BHABANANDA DAS
S/O HARICHARAN DAS
R/O JYOTINAGAR
PATHSALA
DIST. BARPETA
ASSAM.
3: MRIDUL KUMAR BHATTACHARJEE
S/O DABENDRA NATH BHATTACHARJEE
R/O KRISHNANAGAR
PATHSALA
DIST. BARPETA
ASSAM.
4: MD. AKASH ALI
S/O LATE BADIR ALI
R/O ISLAMPUR
PATHSALA
DIST. BARPETA
ASSAM.
VERSUS
THE CENTRAL BUREAU OF INVESTIGATION
ASSAM
GUWAHATI
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------------
Advocate for : MR.B SINHA
Advocate for : SC
CBI appearing for THE CENTRAL BUREAU OF INVESTIGATION
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 14.11.2024
These criminal appeals are preferred by the accused who were
convicted by the learned Special Judge, CBI, Assam, Additional Court
No.1, Chandmari in Special Case No.30/2005 by its judgments dated
30.01.2014. These appeals were admitted way back in the year 2014
and when these matters are listed today, none appears for the appellants
on call to argue their cases.
Criminal Appeal No.116/2014 is being represented by Mr. A
Chamuah, Mr. P P Borthakur, Ms. R Bora, Mr. U Chamuah, learned
counsels, Criminal Appeal No.97/2014 is being represented by Mr. A.M.
Bora, learned senior counsel, Mr. D Gogoi, Mr. K K Das, Ms. P Bhuyan,
Ms. C Choudhury, learned counsels, Criminal Appeal No.104/2014 is
being represented by Mr. D Das, Mr. K Sarma, Mr. A Hussain, Mr. M Beria,
Mr. K Choudhury, and Ms. K M Sarma, learned counsels, Criminal Appeal
No.124/2014 is being represented by Ms. N Thapa and Mr. B Sinha,
learned counsels and Criminal Appeal No.166/2014 is being represented
by Mr. A.M Bora, learned senior counsel, Mr. K Das, Mr. B Neog, Mr. VA
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Chowdhury and Ms. P Dasgupta, learned counsels, however, none of the
aforesaid counsel is present to advance their arguments, though Mr. M
Haloi, learned Special Public Prosecutor is present.
This court in the given facts is also of the tentative view that
none appearance of the learned counsels in Criminal Appeals when their
names are reflected in the cause list may amount to misconduct under
the Advocates Act, 1961 as well as under the Bar Council of India Rules
on Professional Standards, however, this court will not proceed further in
this regard, in absence of any grievance raised by the appellants.
Be that as it may, this court is left with no other option but to
appoint Amicus Curie to argue on behalf of the appellants.
Accordingly Mr. Supratim Deb Purkayastha, learned counsel be
appointed as Amicus Curiae in Crl.A No.116/2014, Mr. Anjan Kalita,
learned counsel be appointed as Amicus Curiae in Crl.A No.97/2014, Mr.
Arunanghsu Dhar, learned counsel be appointed as Amicus Curie in Crl.A
No.104/2014, Smt. Bijita Sarma, learned counsel be appointed as Amicus
Curiae in Crl.A No.124/2012 and Mr. Azad Ahmed, be appointed as
Amicus Curiae in Crl.A No.166/2014.
Registry to furnish necessary documents/papers to the learned
Amicus Curiaes within a period of one week from today and thereafter,
list the matters for hearing on 10.12.2024, reflecting the names of the
Amicus Curie in the cause list.
JUDGE
Comparing Assistant
