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Judgment
W. Diengdoh, J
Heard Mr. S. Jindal, learned counsel for the petitioner.
Also heard Ms. I. Lyngwa, learned GA for the State respondents No. 1 & 2.
At the outset, learned counsel for the petitioner has pointed out that the records would show that the charge sheet has been filed by the I/O, taking cognizance the order dated 10.11.2021 passed by the CJM, West Garo Hills, Tura, however the copy of the charge sheet and other relevant documents due and entitled to by the petitioner/accused has not been received by him/her.
This being the case, the learned GA has submitted at the bar that the said charge sheet and relevant papers will be supplied to the petitioner/accused.
It is also submitted by the learned GA that the respondent No. 3 who is the complainant is vital to these proceedings, for which her absence even though noted on record would cause prejudice to her/him. It has also been submitted that it is in the personal knowledge of the learned GA that the complainant is illiterate and not well educated, for which she may require a Legal Aid Counsel. It is therefore prayed that the said respondent No. 3/complainant may be given the opportunity to appear before this Court.
Considering the fact and circumstances of this case, this Court is agreeable to the submission made by the learned GA.
Accordingly, the Secretary, District Legal Services Authority, West Garo Hills, Tura is directed to appoint a Legal Aid Counsel to assist the respondent No. 3/complainant, as far as this matter is concerned.
Registry is directed to issue copy of this order to the Secretary, District Legal Services Authority, West Garo Hills, Tura for compliance with available details of the respondent No. 3 to be supplied to the Secretary, District Legal Services Authority.
The Lower Court case record have also been produced before this Court today. However, so as not to put a break on the proceedings as indicated by this Court in its earlier order, the said records will be returned forthwith and if required to be produced on the next date fixed.
List this matter on 10.12.2021.