GAUHATI HIGH COURT ISSUES ORDER ON MOTIUR RAHMAN LASKAR V/S THE STATE OF ASSAM AND 3 ORS

GUWAHATI, India, June 11 -- Gauhati High Court issued the following order on May 11:

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for restoration of Criminal Petition No. 461/2017, by recalling or modifying or cancelling the order dated 01.12.2022 passed by this Court in Criminal Petition No. 461/2017.

2. The petitioner in this case is Sri Motiur Rahman Laskar and the respondents are the State of Assam, the Divisional Forest Officer and Md. Nurul Haque, arrayed as respondents No. 1, 3 and 4 respectively. The name of the respondent No. 2 Md. Maklisur Rahman @ Maklish Mia was struck off vide the order dated 18.06.2024 on submission by the petitioner.

3. It is submitted by the petitioner that the 2 (Two) petitions arising out of the same cause of action being Criminal Petition No. 461/2017 and Criminal Revision Petition No. 386/2017 was pending in this Court.

4. Vide Criminal Petition No. 461/2017, the petitioner has challenged the illegality of the impugned order dated 14.02.2017 passed by the learned Sessions Judge, Hailakandi in Criminal Revision No. 46/2015, as well as impugned order dated 10.08.2015 passed by learned Sessions Judge, Hailakandi in Criminal Revision No. 41/2015.

5. Vide Criminal Revision No. 386/2017, the petitioner has challenged the impugned order dated 16.09.2017 passed by the learned CJM, Hailakandi in connection with GR Case No. 1173/2015, corresponding to Hailakandi P.S. Case No. 435/2015. In both the Criminal Petition No. 461/2017 and Criminal Revision Petition No. 386/2017, the issue is relating to an elephant and its calf and for zimma of the same. Mr. R. Dhar was the engaged counsel in both the above mentioned criminal petitions.

6. It is further submitted that Mr. R. Dhar, who was in fact engaged by the petitioner in both the petitions, appeared in the Criminal Revision Petition No. 386 of 2017 on 15.12.2022, 02.05.2023 and 18.05.2023, notwithstanding the fact that the petitioner requested Mr. R. Dhar to be led by another advocate in both the petitions and accordingly, Mr. A.K. Purkayastha on the request of Mr. R. Dhar appeared in both the petitions. It is further submitted that it is a matter of record that the Criminal Petition No. 461/2017 was dismissed on withdrawal on consideration of the prayer made by Mr. R Dhar and the said withdrawal was not in fact known to the other set of advocates Mr. A.K. Purkayastha and Ms. R. Rongmei, who were not aware of the said dismissal of the Criminal Petition No. 461 of 2017 on withdrawal vide order dated 01.12.2022.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpLEBJ36zVWE1KyUBZqnSQ0UKZm4LM6nqhHft9swg4toc&caseno=Crl.Pet./1088/2023&cCode=1&cino=GAHC010225552023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.