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2011 Supreme(Gau) 693

A.C.UPADHYAY
Faizur Rahman Chaudhury, S/O. Late Asab Ali Chaudhury – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the petitioner:Mr. P.K.Deka, Mr. I.H.Laskar, Mr. P. Borah, Mr. S. Acharyya, Mr. S. Alom, Advocates., For the respondents:Ms. F. Begam, P.P. Mr. B. Banerjee, Mr. M. Deb, Mr. S. Laskar, Mr.A.Dey, Advocates.

This criminal revision petition has been filed by the petitioner challenging the order dated 30.05.2009 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 55 of 2002 directing denovo trial of the non-juvenile accused, who were facing trial with the juvenile accused, before the trial of the juvenile accused was separated.

2. I have heard Mr. I.H.Laskar, learned counsel appearing for the petitioner and Ms. A. Begm, learned Additional P.P. for the State of Assam as well as Mr. B. Banerjee, learned senior counsel assisted by Mr. S. Laskar, learned counsel representing the private-respondents.

3. The facts, leading to filing of this revision petition, may be stated, in brief, as follows :-

On the basis of the 'Ejahar' filed by the petitioner 05.08.2001 against the respondent Nos. 2 to 9 for alleged killing of his two brothers, the police investigated the case and submitted charge sheet against the accused/respondents for commission of offence under Sections 147/148/149/341/326/323/302 of IPC.

4. Out of all the said accused-respondents, two respondents, namely, respondent Nos. 8 and 9 absconded from the jurisdiction of the Court. The trial commenced before the learned Sess






















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