Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 21 October, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010088112020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/33/2020
RATHEY TOPNO AND 2 ORS.
SONITPUR, ASSAM.
2: RAFEL SOREN
SONITPUR
ASSAM
3: SANJAY SOREN
SONITPUR
ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. N K BARUA, 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 Mr. N.K. Baruah, learned Amicus Curiae appearing for the appellants. Also heard Page No.# 2/3 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 09.03.2022 this Court passed the following order:
".....
As per office note dated 28.02.2022, service report in informant/respondent is still awaited. However, in view of the notification dated 21.12.2021 issued vide No.HC.XI-07/2021/182/RC issued by the Registry, it would no longer be obligatory for this Court to serve notice on the informant for hearing the appeal. As such, this matter is deemed to be ready as regards service.
......"
In the present case, the informant is also a victim, whose wife was murdered by the appellants.
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, it will now be necessary to issue notice to the informant/victim.
This Court feels that waiting for the report of service of notice upon the respondent no.2/informant may again cause undue delay.
Under the circumstances, we opt to adopt the procedure of appointing an Amicus Curiae to represent the interest of the informant, so that, his interest can be appropriately taken care of even in absence of service of notice or non appearance of any counsel representing the informant.
Accordingly, we proceed to appoint Mr. R. Sarma, learned Amicus Curiae for the respondent no.2/informant.
In this regard, if Mr. R. Sarma, learned Amicus Curiae for the respondent no.2/informant wishes to interact with the informant, the Sonitpur District Legal Service Authority will render necessary assistance to Mr. R. Sarma to communicate with the informant/ respondent no.2.
We have passed the aforesaid order considering the fact that the matter is otherwise ready for hearing and the paper book has already been prepared.
List the matter for hearing in usual course by showing the name of Mr. N.K. Baruah, Page No.# 3/3 learned Amicus Curiae for the appellants and Mr. R. Sarma, learned Amicus Curiae for the respondent no.2/ informant.
It has been submitted that Mr. N.K. Baruah, learned Amicus Curiae for the appellants has not received a copy of the paper book.
Accordingly, copies of the paper book be furnished to Mr. N.K. Baruah as well as Mr. R. Sarma.
A copy of this order be furnished to the Secretary, Sonitpur District Legal Service Authority for doing the needful.
JUDGE JUDGE Comparing Assistant