Usharani Shyam @ Usha Shyam v. Hari Narayan Deori

ORDER

23.02.2024

Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. B. Deori, learned counsel for the respondent. This application filed under Section 482 of the Code of Criminal Procedure, 1973 praying for setting aside and quashing of the impugned orders dated 17.06.2023 and subsequent orders passed by the learned Judicial Magistrate 1st Class, Lakhimpur. It is contended by the petitioner that after received of summon from the Court of learned Judicial Magistrate 1st Class, Lakhimpur, the petitioner appeared before the Trial Court and participated in the case. The petitioner is a Government employee in Health Department and her higher officials did not grant leave to her for appearing before the Trial Court and accordingly, she filed petition before Trial Court vide petition No.1678/2023 seeking for adjournment. But, without considering the same, the Trial Court issued NBWA against the petitioner vide order dated 17.06.2023 and subsequent orders, and the next date was fixed on 28.02.2024 for her appearance. Further, she is ready and willing to appear before Trial Court and also ready to contest the case, if, she is granted with the privilege of interim protection till her appearance before the said Court. In this context, Mr. Deori, learned counsel for the respondent has submitted that three more petitions are already pending in this Court for seeking transfer of the cases and those cases are fixed on 01.03.2024 for final disposal. However, he raised no objection in granting interim protection to the accused/petitioner till her appearance before the learned Trial Court. Considering the submissions made by the learned counsels of both sides as well as after perusing the case record along with the annexure, especially orders sheet filed along with the petition, it is provided that the petitioner shall appear before the learned Court below on or before 28.02.2024 and on her appearance and on her filing a petition for grant of bail, Page No.# 3/3 the learned Court below shall consider the same in accordance with law.

Till then, the execution of NBWA issued against the accused/petitioner be stayed, enabling the petitioner to appear before the learned Court below on or before 28.02.2024 for filing fresh application for regular bail. In terms of above, this criminal petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010034642024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./203/2024o USHARANIoSHYAMo@oUSHAoSHYAMo D/OoPUSPAoSHYAMo R/OoNIZoMANKOTAoKHANIAoGAONo P.O.oC.R.oBUILDINGo P.S.oMILANoNAGARo DIST.oDIBRUGARH,oASSAM VERSUSo HARIoNARAYANoDEORIo S/OoSRIoSASHIoPRASADoDEORIo R/OoWARDoNO.o3,oNAKARIoP.O.oANDoP.S.oNORTHoLAKHIMPURo DIST.oLAKHIMPUR,oASSAMo PIN-787001. AdvocateoforotheoPetitionerooooo:oMR.oSoISLAMo AdvocateoforotheoRespondento:oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA