Golap Ch. Borah and 2 Ors v. The State of Assam

ORDER

27.05.2024

¶1None appears for the petitioner on call. However, Mr. P. Borthakur, learned Additional Public Prosecutor for the State is present.

¶2The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 assailing an order dated 09.01.2020 passed by the learned Additional Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in G.R. Case No. 1547/2012 arising out of Bihpuria P.S. Case No. 421/2002 registered under Sections 120(B)/468/420 of IPC, whereby the prayer for adjournment made by the accused/petitioners was rejected and cross-examination of PW-1, namely Sri Bhuban Ch. Bhuyan, was dispensed with.

¶3The impugned order dated 09.01.2020 reflects that on 09.01.2020 PW-1 Sri Bhuban Ch. Bhuyan was present before the learned trial Court to make his deposition. However, a petition being Petition No. 167 was filed on behalf of the present petitioners praying for an adjournment, on the ground that their learned engaged counsel had sustained fracture on his hand, leg and chest due to which, the learned engaged counsel was not able to appear before the Court to cross examine the PW-1. Accordingly, an adjournment was sought for. However, the learned Magistrate has rejected such prayer, on the ground that no supporting medical document has been annexed with such application and also for the reason that the matter has been pending since the year 2002.

¶4This Court under its order 06.03.2020, called for the scanned copies of the case record, which has been received.

¶5From the case record, it is seen that the trial is still at stage of examination of the prosecution witnesses. The record further reveals that the Investigating Page No.# 3/3 Officer has not yet appeared before the learned trial Court below to testify. However, in the meantime, Bailable Warrant of Arrest has also been issued and other witnesses are not yet examined. The fact also remains that the ground seeking adjournment, in the considered opinion of this Court, was a genuine ground.

¶6Considering the aforesaid and also considering that the other witnesses are yet be to examined, this Court is of the view that the accused/petitioners shall be granted a chance to cross-examine the PW-1.

¶7Accordingly, the impugned order dated 09.01.2020 passed by the learned Additional Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in G.R. Case No. 1547/2012 arising out of Bihpuria P.S. Case No. 421/2002 registered under Sections 120(B)/468/420 is set aside and quashed and it is provided that the learned trial Court below shall recall the PW-1 namely Sri Bhuban Ch. Bhuyan for cross-examination.

¶8A copy of this order be forwarded to the learned trial Court below.

¶9This criminal petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010052772020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./232/2020o GOLAPoCH.oBORAHoANDo2oORS.o S/O-oLT.oKHUDARAMoBORA,oVILL-oMORNOIGURI,oP.S.oBIHPURIA,oDIST.-o LAKHIMPUR,oASSAM 2:oJYOTIoBORAH oW/O-oSHRIoGOLAPoBORA oVILL-oMORNOIGURI oP.S.oBIHPURIA oDIST.-oLAKHIMPUR oASSAM 3:oPREMDHARoBORAH oS/O-oLT.oNOMALoCH.oBORA oNO.3oTATIBAHAR oP.S.oBIHPURIA oDIST.-oLAKHIMPUR oASSAo VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoP.P.,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oNoBARMANo AdvocateoforotheoRespondento:oPP,oASSAM oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY