Imran Hussain v. The State of Assam

ORDER Date : 01-08-2024 Heard Mr. S. Ahmed, learned counsel for the petitioner Imran Hussain, who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the order dated 21.02.2023 passed by the Page No.# 2/2 learned Sessions Judge at Sankardev Nagar, Hojai issuing P&A against the petitioner.

¶2It is submitted on behalf of the petitioner that earlier this case was pending in the Nagaon Court and thereafter, after the Hojai Court was established, this case was transferred to the Hojai Court. The petitioner was not at all aware about this case and so, he did not appear before the learned Trial Court.

¶3Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has submitted that this case is an old pending case and the FIR was registered in the year 2007 and subsequently Sessions Type (2) 06(H)/2021 arising out of Lanka Police Station Case No. 45/2007 under Sections 395/376 of the Indian Penal Code, 1860, was registered.

¶4I have considered the submissions at the bar with circumspection. This is an old pending case. I have taken a pragmatic view. The petitioner is willing to cooperate with the trial and thus, it is not required to stretch the trial any further. The petitioner is directed to appear before the learned Trial Court within 15 (Fifteen) days. Till then, the NBWA and the P&A issued against the petitioner is kept in abeyance.

¶5In terms of the above observations, this Criminal Petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010146002024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./883/2024 IMRAN HUSSAIN S/O ABDUL KARIM CHAUDHURY R/O VILL- FORMARPAT P.S. LANKA DIST. HOJAI, ASSAM, (INDIA), 782446 M-9435252273 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S AHMED, SANOWARA KHATUN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND