Gauhati High Court

Gautam Chakraborty vs Subrata Paul on 5 June, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

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GAHC010225462014




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

                                     Case No. : Crl.Pet./324/2014

             GAUTAM CHAKRABORTY
             S/O SRI GURUPADA CHAKRABORTY, R/O KANCHANPUR ROAD, WARD NO.
             10, P.O. and P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM.



             VERSUS

             SUBRATA PAUL
             S/O LT. THAKUR DAS PAUL, R/O HAILAKANDI TOWN, WARD NO. 9, P.S. and
             DIST. HAILAKANDI, ASSAM.



Advocate for the Petitioner   : MRS.R DEVI, MR.A R TAHBILDAR,MR.R P SARMAH,MS.S J
DEKA

Advocate for the Respondent : , ,,


                                    BEFORE
                   HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                              ORDER

05.06.2025

Heard Mrs. R. Devi, learned counsel for the petitioner. None appears for the respondent.

This is an application filed under Section 482 of the CrPC read with Article 227 of the Constitution of India challenging the order dated 08.10.2013 passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 7/2009.

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The appeal filed by the petitioner was dismissed for default. Ms. Devi has relied upon a decision of the Hon'ble Supreme Court that was delivered in Parasuram Patel And another vs State Of Orissa reported in 1994 (4) SCC 664 . In the said judgment, the Hon'ble Supreme Court has held that a criminal appeal cannot be dismissed for default. The appellate court should appoint Legal Aid Counsel or Amicus Curiae to dispose of the appeal on merit.

Mrs. Devi has further relied upon a judgment of the Hon'ble Supreme Court that was rendered in Bani Singh & Ors vs State Of Uttar Pradesh, reported in 1996 (4) SCC 720. In this case also, the same view has been expressed by the Hon'ble Supreme Court. Therefore, the impugned order dated 08.10.2013 passed by the learned Sessions Judge, Hailakandi in Criminal Appeal No. 7/2009 is set aside. The case is remanded to the appellate court for deciding the appeal. The appellate court shall appoint Amicus Curiae or Legal Aid Counsel to dispose of the appeal.

With the above, the present criminal petition stands disposed of.

JUDGE

Comparing Assistant