Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010289562025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/140/2026 SRI GAUTAM BAISHYA SON OF- SRI JUGEN BAISHYA ALIAS JOGESH BAISHYA, RESIDENT OF VILL.- AMSOI, GOSPARA, P.S.- RAHA, DISTRICT NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. 2:SRI DEBEN HAZARIKA SON OF- LATE KALIRAM HAZARIKA RESIDENT OF VILL.- DALIMBARI P.O.- DALIMBARI P.S.- RAHA DISTRICT- NAGAON ASSAM. PIN- 782144 Advocate for the Petitioner : MR. M HUSSAIN, MR. A Z AHMED Advocate for the Respondent : PP, ASSAM, MR J C BORAH (R2) Linked Case : I.A.(Crl.)/910/2026 SMTI SUNU HAZARIKA DO LATE NAREN HAZARIKA RO VILL DALIMBARI GAON PO GASPARA PS RAHA DIST NAGAON ASSAM PIN 782425 VERSUS THE STATE OF ASSAM AND ANR
Page No.# 2/3 TO BE REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:SRI GAUTAM BAISHYA SO SRI JUGEN BAISHYA ALIAS JOGESH BAISHYA RO VILL AMSOI GOSPARA PS RAHA DIST NAGAON ASSAM ------------ Advocate for : MR J C BORAH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA O R D E R
Date : 30.09.2026. Heard Mr. J.C. Borah, the learned counsel appearing for the applicant. Also heard Mr. A.Z. Ahmed, learned counsel appearing for the opposite party No.2 as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent/ opposite party No.1. This is an application praying for self impleadment of the applicant as a party respondent to the connected Criminal Appeal No.59/2026, in place of the respondent No.2, who expired on 06.07.2026. It is submitted by Mr. Borah, the learned counsel that the informant was the grand-father of the victim who lodged the FIR but during the pendency of the present criminal appeal, he inforant expired and hence, the appellant being the elder sister of the victim, she is competent to take up the steps and to represent the deceased informant and the victim of the case. Accordingly, Mr. Borah
Page No.# 3/3 submitted that the present applicant may be impleaded as the party respondent No.2A, by amending the cause title of the appeal memo of connected Criminal Appeal, by substituting the respondent No.2, who already expired. Mr.
Ahmed, the learned counsel appearing for the opposite party/appellant submitted that he has no objection in that regard if the present applicant being impleaded as the party respondent No.2A, in the cause title of the appeal memo of connected Criminal Appeal. Mr. Sarma, the learned Addl. P.P., Assam also raised no objection to that regard for the impleadment of present applicant as the party respondent No.2A, in the connected Criminal Appeal No.59/2026. Considering the submissions made by learned counsel for the parties and also considering the fact that the informant who earlier appeared as the respondent No.2 had expired and considering the present applicant being the competent person to represent the victim, the prayer for impleadment of the petitioner as the party respondent No.2A, is hereby allowed. Accordingly, the Registry will do the needful in impleading the present applicant, namely, Smti. Sunu Hazarika as a party respondent No.2A. With the above observation, the present interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant