Rabi Saikia, v. The State of Assam and 3 Ors

ORDER

07.02.2024 Heard Mr G Choudhury, learned counsel for the applicant, Sri Rabi Saikia.

¶2The applicant has filed this interlocutory application for recalling the order dated

08.11.2023 and/or rescinding the bailable warrant of arrest issued against the applicant, as per order dated 16.12.2023, passed in Special Case No. 21/2012.

¶3Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam.

¶4It is submitted on behalf of the applicant/pettoiner that vide order dated 27.04.2023, this Court has passed an order that the interim order of stay of the proceedings of Special Case No. 21/2012, would continue, but the learned trial Court relied on the decision of Hon'ble the Supreme Court in Asian Resurfacing of Road Agency Private Limited & Anr. –Vs-CBI, reported in (2018) 16 SCC 299, and vacated the order of stay as 6 (six) months have already elapsed, since the date when this Court had passed the order on

27.04.2023, in connection with Criminal Petition No. 714 of 2015.

¶5It is submitted on behalf of the petitioner that before the order was vacated, the petitioner was not heard and moreover, no date was fixed. The order was passed erroneously in an irregular manner.

¶6The petitioner has drawn out sufficient grounds to continue with the stay of the Page No.# 3/3 proceedngs.

¶7The order of interim stay dated 09.09.2015, has been continuing till 27.04.2023. This will cause immense difficulty if at this stage, the order is vacated.

¶8It is also submitted that the matter may be fixed for hearing on an earlier date.

¶9Considering all aspects, the interim order dated 09.09.2015, would continue from

27.04.2023, until further order(s). The orders of the learned trial Court dated 08.11.2023 and 16.12.2023 are suspended, until further order(s).

¶10Interlocutory Application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010021252024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Crl.)/101/2024o RABIoSAIKIA,o S/OoLT.oCHANDIoRAMoSAIKIAoR/OoVILL-oSALAGURIoUNDERoP.O.oSALAGURI P.S.oJAMUGURIHAToINoTHEoDIST.oOFoSONITPUR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoLEARNEDoPP,oTOoTHEoGOVT.oOFoASSAM,oINoTHEoGAUHATIo HIGHoCOURT,oGUWAHATI,oASSAM. 2:THEoEXECUTIVEoENGINEER oITAKHOLAoDIVISION oIRRIGATIONoDEPARTMENT oGOVT.oOFoASSAM oITAKHOLAoSONITPUR oASSAM. 3:THEoASSTT.oEXECUTIVEoENGINEER oSEIJUSAoSUBoDIVISIONoUNDERoITAKHOLAoDIVISION oIRRIGATIONoDEPARTMENT oGOVT.oOFoASSAM oITAKHOLAoSONITPUR oASSAM. 4:SRIoSOMESWARoLASKAR oINSPECTORoOFoPOLICE oCID oASSAMoGUWAHATI oULUBARI oPINo-o781007o Page No.# 2/3 Advocate for the Petitioner : MR G CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND