Jamsed Ahmed v. The State of Assam and Anr

ORDER Date : 17-07-2024 Heard Mr. I.H. Laskar, learned counsel for the petitioner Jamsed Ahmed, who has filed this application under Section 482 of the Code of Criminal Page No.# 2/2 Procedure, 1973 with prayer for quashing and setting aside the order dated

10.06.2024 passed by the learned Judicial Magistrate First Class, Kamrup (M) at Guwahati in connection with CR Case No. 1685/2021.

¶2Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has accepted notice on behalf of the respondent No. 1 and thus, no formal notice is required to be issued.

¶3The petitioner has submitted that the petitioner could not appear on three consecutive dates and his prayer for adjournment was rejected vide order dated

10.06.2024. The petitioner was suffering from ailment and the medical documents are marked as Annexure-VI of the petition. Due to landslide, the road connectivity was also disrupted. The petitioner is willing to cooperate with the trial.

¶4I have considered the submissions at the bar with circumspection. I have also taken a pragmatic view.

¶5As the criminal case is pending since the year 2021 and three years has already elapsed by and as the petitioner is willing to cooperate with the trial, the NBWA issued vide order dated 10.06.2024 is kept in abeyance till 19.07.2024. Meanwhile, the petitioner is directed to appear before the Trial Court and cooperate with the trial.

¶6In the above terms and observations, this Criminal Petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010133572024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./817/2024 JAMSED AHMED S/O ALA UDDIN, R/O VILL- DEFALALA, P.O.-BHUBRIGHAT, P.S.- PATHARKANDI, DIST- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:KAMAL TEA COMPANY A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER NAMELY SARWAN KUMAR PANDIA HAVING ITS OFFICE AT H.B. ROAD MACHKHOWA GUWAHATI ASSAM PIN-78100 Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND