Dipen Mitra v. The State of Assam,

ORDER

19.02.2024 Heard Ms. T. Som, learned counsel for the applicant. Also heard Ms. N. Das, learned Additional Public Prosecutor appearing for the State of Assam. This Interlocutory Application has been filed by the petitioner, namely, Dipen Mitra, praying for modification of order dated 20.12.2023 passed in A.B. Case No. 3552/2023, whereby the anticipatory bail filed by the petitioner was disposed of becoming infructuous. The petitioner has prayed for alteration/modification of the aforesaid order by making an observation that the petitioner may appear before the trial court and on his appearance, the petitioner may be given the liberty for filing application for bail and consideration of the same. The order sheet of the A.B. Case No. 3552/2023, dated 20.12.2023 shows that on that day, learned counsel for the applicant had appeared before this Page No.# 3/3 court as well as learned Additional Public Prosecutor also appeared, who had informed this court that the charge-sheet was laid in the said case and considering the facts of the laying of charge-sheet, the anticipatory bail application was disposed of becoming infructuous. The prayer made today by the learned counsel for the applicant, if conceded to, would amount to review of the order dated 20.12.2023, by this court and such a review by a criminal court is not permissible under law. Therefore, this Interlocutory Application is dismissed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010005652024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/38/2024 DIPEN MITRA S/O LATE ABANI MOHAN MITRA R/O SONARIBALI WARD NO. 2, P.S. SAMAGURI, P.O. SAMAGURI, DIST. NAGAON, ASSAM, PIN-782410 VERSUS THE STATE OF ASSAM, REP. BY THE PP, ASSAM Advocate for the Petitioner : MS. T SOM Advocate for the Respondent : PP, ASSAM IN AB/3552/2023 DIPEN MITRA S/O LATE ABANI MOHAN MITRA R/O SONARIBALI WARD NO. 2 P.S. SAMAGURI P.O. SAMAGURI DIST. NAGAON Page No.# 2/3 ASSAM PIN-782410 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM ------------ Advocate for : MS. T SOM Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA