Gauhati High Court
Abzal Hussain @ Afzol Hussain @ Lalumia vs The State Of Mizoram on 29 July, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
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GAHC010055342018
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./123/2018
ABZAL HUSSAIN @ AFZOL HUSSAIN @ LALUMIA
S/O LATE ABDUL SATTAR, VILL GHUGRAKUNA, PO JAGANNATHI, PS.
KARIMGANJ, DIST. KARIMGANJ, ASSAM
VERSUS
THE STATE OF MIZORAM
REPRESENTED BY PP, MIZORAM
Advocate for the Petitioner : MR H R CHOUDHURY,
Advocate for the Respondent : PP, MIZORAM,
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
29.07.2025
(M. Zothankhuma, J)
Heard Mr. H.R. Choudhury, learned counsel for the appellant. Also heard Mr.
A. Barua, learned Government Advocate, Mizoram, who submits that he is
appearing for the State.
This is an appeal against the judgment and order dated 05.11.2023 passed
by the Court of the Additional District Magistrate (J), Aizawl in Criminal Trial
No.870/2000, by which the appellant has been convicted under Section 302 IPC
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read with Section 201 IPC. He has been accordingly sentenced to undergo
rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment
for 10 years under Section 201 IPC.
When the hearing was about to start, we were informed by Mr. A. Barua,
learned Government Advocate, Mizoram that he represented the State in the
present criminal appeal. When we asked Mr. A. Barua as to whether there was
any P.P/A.P.P, to represent the State of Mizoram in this criminal appeal, he
stated that there was no P.P/A.P.P in the Principal Seat to represent the State in
this appeal.
We are of the view that unless there is a P.P/A.P.P to represent the State, it
would not be possible for us to hear the appeal.
On looking for reasons as to why this appeal is listed before the Principal
Seat, Gauhati High Court, when there are Division Benches sitting in the Aizawl
Bench of the Gauhati High Court, we found that permission for filing the
present appeal had been given by the Hon'ble Chief Justice, Gauhati High Court
on 13.03.2018.
The Note, by which the present appeal has been allowed to be filed in the
Principal Seat, Gauhati High Court and the reason for the case being in the
Principal Seat, is reproduced hereinbelow, as follows :
"PUC" is an application, received from Sri Hifzur Rahman
Choudhury, Advocate, Praying for permission for filing and adjudication of
a Criminal Appeal, pertaining to the State of Mizoram, before the Principal
Seat, Gauhati High Court, Guwahati.
Vide "PUC", it is stated that, the appellant is intending to file the
above mentioned Crl. Appeal against the order dated 05.11.2003, which
is at Flag-A, passed by the Addl. District Magistrate (J), in Crl. Tr. No.
870/2000, convicting the appellant Sri Abzal Hussain @ Lalu Mia for life.
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It needs to mention that, the trial was conducted in the Court of
Addl. District Magistrate (J), Aizawl. Subsequently, the petitioner was
shifted to Karimganj jail and he is in detention since then.
It is further stated that, as the appellant is a resident of Karimganj
district in the State of Assam, it is difficult for him to file and continue
appeal in the Aizawl Bench. Therefore, the learned Advocate has prayed
before your Lordship for permission for filing and moving the aforesaid
Criminal Appeal before the Principal Seat at Guwahati.
In view of the above, the matter is placed before your Lordship for
necessary order(s)."
On considering the fact that the case pertains to an offence that had
occurred in the State of Mizoram and the trial had been concluded in the State
of Mizoram, we are of the view that the present appeal can be heard by a
Division Bench in Aizawl Bench of the Gauhati High Court, if the present appeal
is transferred to the Aizawl Bench of the Gauhati High Court. It should also be
noted that the appellant's counsel can also attend the hearing virtually. Further,
cases pertaining to the Outlying Benches are normally transferred to the
Outlying Benches for disposal, unless there are specific reasons not to do so.
Accordingly, Registry to place the present appeal before the Hon'ble Chief
Justice, so that the Hon'ble Chief Justice can take a final decision with regard to
whether the case should be transferred to the Aizawl Bench of the Gauhati High
Court for disposal of the case.
JUDGE JUDGE
Comparing Assistant
