Gauhati High Court
Albish Banda @ Lakra vs The State Of Assam on 21 October, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/2
GAHC010199542021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/42/2021
ALBISH BANDA @ LAKRA
BAKSA, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : DR. B N GOGOI, AMICUS CURIAE
Advocate for the Respondent : PP, ASSAM
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
21.10.2022 [N. Kostiswar Singh, J] Heard Dr. B.N. Gogoi, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel as well as learned Additional Public Prosecutor, Assam assisted by Mr. J. Das, learned counsel for the State.
On 22.12.2021 this Court passed the following order:
Page No.# 2/2 ".....
Considering the law laid down in Crl.A. No.205/2018 dated 27.01.2021 and Crl.A.(J) 03(AP)/2020 dated 02.12.2021, service of notice on the respondent/informant is not necessary, hwoever, it is provided that if the respondent/informant desires, liberty remains to participate in the appellate proceeding to assist the Public Prosecutor.
......"
From the records what we have noted is that the informant is one Udday Ekka, who is a cultivator and apparently appears to be illiterate also, whose son was killed by the appellant.
Accordingly, in view of the decision of the Hon'ble Supreme Court passed in the case of Jagjeet Singh & Ors. vs. Ashish Mishra @ Monu & Anr. Reported in (2022) SCC OnLine 453, we are of the view that the informant is required to be notified of the appeal.
Under the circumstances, we proceed to appoint Mr. S.H. Mahmud, learned Amicus Curiae to represent the interest of the informant.
In this regard, if Mr. S.H. Mahmud, learned Amicus Curiae for the informant wishes to interact with the informant, the Baksa District Legal Service Authority will render necessary assistance to Mr. S.H. Mahmud to communicate with the respondent no.2.
Though LCR has been received, the paper book has not yet been prepared.
Accordingly, let the paper book be prepared and the same be furnished to the learned counsel for all the parties.
List the matter for hearing in usual course by showing the names of learned counsel for the parties.
A copy of this order be furnished to the Secretary, Baksa District Legal Service Authority for doing the needful.
JUDGE JUDGE Comparing Assistant