C. Lalremliana v. State of Mizoram and 3 Ors

ORDER BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

22.02.2024

In view of the Order passed today in I.A(Crl) No. 58/2023, the instant I.A is taken up for consideration. By filing this application under Section 378(4) of the Cr.PC, the applicant prays for leave to file an appeal against the Judgment & Order dated 19.07.2023 passed by the learned Addl. District & Sessions Judge, Champhai in S.R. No. 5/2019 corresponding to Criminal Trial No. 116/2019. The learned counsel for the applicant Mr. C. Tlanthianghlima submits that the respondent Nos. 3 & 4 were charged with Section 302/34 IPC but the learned Trial Court through the impugned Judgment & Order convicted the respondent No. 3 under Section 304 IPC Part-II while the respondent No. 4 was acquitted from the charge. He submits that the instant applicant is the informant and the viction/deceased is his younger brother. Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor appears for the respondent Nos. 1 & 2 and submits that she has no objection if the Leave Application is allowed. In respect of the respondent Nos. 3 & 4, they have been served notice by way of Dasti in the application for condonation of delay i.e., I.A(Crl) No. 58/2023 but they have failed to appear before this Court either Page No.# 3/3 personally or through their appointed counsel. Considering the submission made today and the submissions made in the application and material available on record in its entirety, Court is inclined to grant leave to the applicant for filing an appeal against the impugned Judgment & Order of the Trial Court, as prayed for. Accordingly, the application stands disposed as allowed by granting leave to application to file an appeal.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC030006322023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/57/2023 C. Lalremliana Vaphai Champhai District Mizoram VERSUS State of Mizoram and 3 Ors. Aizawl Mizoram 2:SI V.L. Chama Ralte C/o Champhai P.S. Champhai Mizoram 3:Sh. Thanzuala Vaphai Champhai District Mizoram 4:Sh. Lalramchullova Vaphai Champhai District Mizoram Advocate for the Petitioner : Mr A.R. Malhotra Advocate for the Respondent : P.P./Addl.PP Mizoram for R1 & R2 Page No.# 2/3