Narayan Basumatary v. The State of Assam and Anr

ORDER

07.08.2024

¶1Heard learned counsel Mr. A. R. Rahman for the petitioner Narayan Page No.# 2/3 Basumatary.

¶2This application has been filed by the petitioner under Section 528 of the BNSS, 2023 read with Article 227 of the Constitution of India praying for quashing the Charge-sheet No. 219 dated 30.10.2023 as well as the order dated

04.12.2023 passed in PRC Case No. 980/2023.

¶3It is submitted on behalf of the petitioner that the Investigating Officer never visited the petitioner's house during investigation. But, surprisingly Charge-sheet was laid against the petitioner showing him as an absconder.

¶4Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.

¶5The petitioner is willing to co-operate with the trial but he is apprehending that he will be forwarded to custody as he is shown as absconder in the Charge-sheet.

¶6I have considered the submission that the petitioner is willing to co-operate with the trial. I have taken a pragmatic view.

¶7The petitioner is directed to appear before the learned Trial Court. Meanwhile, no coercive action be taken. Page No.# 3/3

¶8The petitioner may also approach the learned Trial Court and apply for bail, if so advised, which may be considered by the Court in accordance with law.

¶9In terms of the above observation, petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010154422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./927/2024 NARAYAN BASUMATARY S/O BANESWAR BASUMATARY, R/O VILL- KASHIBARI, P.S.-LAKHIPUR, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JAGADISH BARMAN S/O PARESH BARMAN LAKHIPUR RANGE FOREST OFFICE NIDANPUR P.O. AND P.S.-LAKHIPUR DIST- GOALPARA ASSA Advocate for the Petitioner : MR. A RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND