Single-sentence order allowed an interlocutory application, suspending execution of a sentence pending the disposal of a connected criminal revision petition due to the death of a respondent-informant.
Execution of the sentence passed on 31.05.2017 is suspended until the disposal of connected Criminal Revision Petition No. 230/2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010029292017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
I.A.(Crl.)/476/2017
MD. MAJNUR ALI and 3 ORS. S/O. LT. KANDA ALI
2: MD. FARID ALI
S/O. LT. JAYAD ALI
3: MD. ALIM ALI
S/O. LT. JAYAD ALI
4: MD. HAMID ALI
S/O. LT. JAYAD ALI. ALL ARE OF VILL. NAMDANGA P.S. NALBARI DIST. NALBARI ASSAM. VERSUS
THE STATE OF ASSAM and ANR.
2:MD. MAHSEN ALI
S/O. LT. RAHIM ALI VILL. NAMDANGA P.S. NALBARI DIST. NALBARI ASSAM PIN-781351.
Page No.# 2/2
-----------Advocate for : MRS.F BEGUM Advocate for : appearing for THE STATE OF ASSAM and ANR.
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
09.09.2022
Heard Mr. L. Mohan, learned counsel for the applicants-petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the opposite party no. 1-respondent no. 1, State of Assam.
The opposite party no. 2-respondent no. 2 was the informant in Nalbari Police Station Case no. 69/2007 registered under Sections 341/325/323/34, Indian Penal Code [IPC]. It is submitted by Mr. Mohan, learned counsel for the applicants-petitioners and it is also reflected from the office note dated 06.03.2021 in the case records of the connected Criminal Revision Petition no. 230/2017 that the informant i.e. the opposite party no. 2-respondent no. 2 has expired.
The office note dated 06.03.2021 has reflected that the unserved notice in respect of the opposite party no. 2-respondent no. 2 had been received back with postal remark ‘expired, returned to sender’. Thus, it is evident that the opposite party no. 2-respondent no. 2 has expired during the pendency of the connected Criminal Revision Petition no. 230/2017. Accordingly, the interlocutory application stands allowed observing that the execution of the sentence passed against the applicants-petitioners vide judgment and order dated 31.05.2017 shall remain suspended till disposal of the connected Criminal Revision Petition no. 230/2017.
JUDGE
Comparing Assistant
MD. MAJNUR ALI and 3 ORS.
THE STATE OF ASSAM
MD. MAHSEN ALI
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
