Citation : 2025 Latest Caselaw 5370 Gua
Judgement Date : 16 June, 2025
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GAHC010117352016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.A./222/2016
MISS PURNIMA BEGUM
W/O MD. ABED ALI, VILL. BELLESHWAR, P.S. BELSAR, DIST. NALBARI
ASSAM
VERSUS
THE STATE OF ASSAM and 10 ORS,
2:MD. SAIFUDDIN AHMED
S/O LATE HANIF ALI
3:MD. AINUR HUSSAIN
S/O LATE AMIR ALI
4:MD. ALKAS ALI
S/O LATE AMIR ALI
5:MD. ALTAF HUSSAIN
S/O LATE AMIR ALI
6:MD. ARIF HUSSAIN
S/O LATE AMIR ALI
7:MD. ABDUL HAI
S/O MD. HAMID ALI
8:MD. HANNAN ALI
S/O MD. HAMID ALI
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9:MD. JALIL ALI
S/O LATE MAZIB ALI
10:MD. MANTU ALI
S/O LATE MAJIB ALI
11:MD. FAIJUDDIN AHMED
S/O LATE AKBAR ALI
ALL ARE R/O VILL. PASHIM MULARKUCHI
P.S. BELSAR
DIST. NALBARI
ASSAM
Advocate for the Petitioner : MR.J I BORBHUIYA, MS.F BEGUM,MR.R ALI
Advocate for the Respondent : MR.N I KHANR- 2 to 11, S R A NASER (R11),MR. H ROHMAN
(R11),MR G ALAM (R11),MR. P D NAIR (R11),PP, ASSAM,MR. E AHMED(R- 2 to 11)
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 16.06.2025 [M. Choudhury, J]
Heard Mr. J.I. Borbhuiya, learned counsel for the appellant; Ms. A. Begum, learned Additional Public Prosecutor for the respondent no. 1 State; and Mr. G. Alam, learned counsel for the respondent no. 11.
As per office note 29.05.2017, another set of counsel has entered appearance on behalf of the respondent nos. 2 - 11 by filing Vakalatnama. However, none has appeared today for the respondent nos. 2 - 10 on call though the names of the learned counsel are reflected in the Cause-List.
On 03.11.2021, this appeal was listed today together with Crl.A. no. 184/2017 at the instance of Mr. Borbhuiya, learned counsel for the appellant.
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On perusal of the case papers, it transpires that the instant criminal appeal is preferred against a Judgment and Order dated 30.03.2016 passed by the Court of learned Sessions Judge, Nalbari, in Criminal Appeal no. 03/2009 whereby the accused-appellants were acquitted from the charges under Section 143/447/427, Indian Penal Code.
In view of the offences involved, we find that this criminal appeal is to be adjudicated before the Single Bench. Therefore, Registry to detach this criminal appeal from Criminal Appeal no. 184/2017 and thereafter, to list the same before the Single Bench.
JUDGE JUDGE Comparing Assistant
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