Dr. Upendra Nath Kalita v. The State of Assam and Anr

Page No.# 1/3 GAHC010120692023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./551/2023 DR. UPENDRA NATH KALITA S/O LATE BHABENDRA NATH KALITA R/O VILL-DOLAIGAON MAJPARA, P.S. BONGAIGAON, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:SRI BISHAL BANIK SUB-INSPECTOR DHALIGAON POLICE STATION DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : PP, ASSAM,

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R

31.07.2024 Heard Ms. P. Boro, learned counsel appearing on behalf of Mr. N.K. Kalita, learned counsel representing the petitioner and Mr. B. Sharma, Page No.# 2/3 learned Additional Public Prosecutor for the State respondent No.1/informant.

¶2This criminal petition filed by the petitioner is for quashing the impugned F.I.R submitted by the respondent No.2, Sub-Inspector of Police of Dhaligaon Police Station in connection with Dhaligaon Police Station Case No.207/2022, registered under Sections 120(B)/379/411 IPC read with Section 11(1)(a)(d)(c)(h) of the Prevention of Cruelty to Animal Act, 1960, read with Section 3(1) of the Assam Cattle Preservation Act, 2022, corresponding to PRC No.74/2023 and the subsequent proceeding relating to said Dhaligaon P.S. Case No.207/2022.

¶3This criminal petition was filed by the petitioner on 08.06.2023 and it is submitted by Ms. P. Boro, learned counsel for the petitioner that during pendency of this petition, the concerned trial Court has already recorded the evidence of the witnesses in the case and the matter is now fixed for argument.

¶4It is seen that notice in this case has not been yet issued and by order dated 13.06.2023, scanned copy of the records of PRC No.74/2023 arising out of Dhaligaon P.S. Case No.207/2022 was called for.

¶5From the communication of the learned Additional Chief Judicial Magistrate, Chirang dated 16.11.2023, it is seen that the records of said PRC No.74/2023 has already been committed by the said learned Magistrate to the Court of learned Sessions Judge, Chirang, Kajalgaon on

05.07.2023.

¶6Ms. P. Boro, learned counsel for the petitioner, on being enquired, submits that learned Sessions Judge, Chirang, Kajalgaon has already Page No.# 3/3 recorded the evidence of the witnesses in said PRC No.74/2023 and since the matter is in the argument stage, on instruction of the petitioner, his counsel Ms. P. Boro is not pressing this criminal petition.

¶7Accordingly, this criminal petition stands dismissed, as not pressed.

JUDGE Comparing Assistant