Tushar Tarpan Bhuyan @ Rajdip Bhuyan v. The State of Assam

ORDER Date : 05-02-2024 Heard Mrs. S.A. Choudhury, learned counsel for the petitioner Tushar Tarpan Bhuyan @ Rajdip Bhuyan.

¶2The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC for short) seeking quashing of the order dated Page No.# 2/3

08.09.2023 passed by the learned Additional Chief Judicial Magistrate, Kamrup(M) in GR Case No. 9295/2016, issuing NBWA against the petitioner.

¶3Heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the respondent State assisted by the learned counsel Ms. B. Borah.

¶4Notices have been accepted on behalf of the respondent State, so no formal notice is required to be issued. However, sufficient copies of the petition be furnished to the respondent during the course of the day.

¶5The allegation against the petitioner is that he posed as the Additional SP of Kamrup (M) and after a discussion with the informant he assured to procure employment for the informant with the Food Corporation of India. In a similar manner, he also promised other aspiring candidates to procure employment for them and in this manner, he collected an amount of Rs.76,02,000/- (Seventy Six Lacs Two Thousand) from people who were desirous to be employed under the Government of Assam.

¶6It is submitted that the petitioner was appearing regularly but as he was not well he could not appear on the date fixed. The petitioner has annexed his medical documents as Annexure-3 which clearly reveals that he was advised bed rest for one month and he was discharged on 01.09.2023. Annexure-2 of the petition reveals that on 15.05.2023, the petitioner was absent with steps and his petition was allowed but on 08.09.2023, he was unable to appear before the trial Court and NBWA was issued against him. The petitioner is willing to cooperate with the trial but as he is apprehending arrest the petitioner is before this Court.

¶7I have considered the submissions at the bar with circumspection. The petitioner is directed to appear before the trial Court on 06.02.2024 and face Page No.# 3/3 the trial. Till then, NBWA issued against him is kept in abeyance.

In the above terms this Criminal Petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010021932024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./109/2024 TUSHAR TARPAN BHUYAN @ RAJDIP BHUYAN S/O LT. LAKHI BHUYAN R/O H. NO. 48, ANANDA NAGAR, SIXMILE, DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR I RAFIQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND