Hazarat Ali @ Hajarat Ali vs The State Of Assam
2025 Latest Caselaw 524 Gua

Gauhati High Court

Hazarat Ali @ Hajarat Ali vs The State Of Assam on 14 May, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

                                                                                 Page No. 1/2

GAHC010090882025




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

                                 Case No. : Crl.A./166/2025

            HAZARAT ALI @ HAJARAT ALI
            S/O. LT. PAMOCHA ALI, R/O. VILL.- KANDULIMARI, P/S. CHHAYGAON,
            DIST. KAMRUP, ASSAM.

            VERSUS

            THE STATE OF ASSAM
            REP BY THE PP ASSAM

            2:AZIZUL ISLAM
             S/O. MD. ABDUL KALAM
            VILL.- BASHAPARA
             P/S. MANKACHAR
             DIST. DHUBRI
            ASSAM

Advocate for the Petitioner : MR SARFRAZ NAWAZ, A MISHRA,SAMIM RAHMAN,MS
SURAYA RAHMAN,A W AMAN

Advocate for the Respondent : PP, ASSAM,


                                   BEFORE
                  HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                   HONOURABLE MRS. JUSTICE MARLI VANKUNG

                                           ORDER

Date : 14.05.2025 [Manish Choudhury, J.]

Heard Mr. A. Mishra, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent no. 1, State of Assam.

2. This criminal appeal under Section 415[2], Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 is directed against a Judgment and Order dated 28.02.2025 passed by the Court of learned Additional Sessions Judge [FTC], No. 3, Kamrup [M], Guwahati ['the trial court', for short] in Sessions Case no. 163/2016. By the Judgment and Order dated 28.02.2025, the learned trial court has acquitted the accused therein, that is, the respondent no. 2 from the charges framed against him under Sections 302/304/201, Indian Penal Code [IPC].

3. The criminal appeal is admitted for hearing.

4. The case records of Special Sessions Case no. 163/2016 be called for.

5. Issue notice, returnable in 4 [four] weeks.

6. As Ms. Jahan, learned Additional Public Prosecutor, Assam has appeared and accepted notice on behalf of the respondent no. 1, State of Assam, issuance of formal notice in respect of the said respondent stands dispensed with. The learned counsel for the appellant furnish an extra copy of the memo of appeal along with annexures, to Ms. Jahan within 3 [three] working days from today.

7. The appellant shall take steps for service of notice upon the respondent no. 2 by the registered post with A/D as well as by usual process within 3 [three] working days from today.

8. List the case after 4 [four] weeks.

                                                          JUDGE                      JUDGE




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