Partha Pratim Das Alias Sunti Das v. The State of Assam

ORDER Date : 21-08-2024

Heard Mr. P. Kataki, learned counsel for the petitioner Sri Partha Pratim Das, who has filed this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the legality and validity of the order dated

23.04.2024 and the subsequent orders whereby NBWA was issued against the Page No.# 2/2 petitioner.

¶2Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State. Learned Additional Public Prosecutor has accepted notice on behalf of the State respondent and thus, no formal notice is required to be issued.

¶3I have considered the submissions at the bar with circumspection.

¶4It is submitted on behalf of the petitioner that the petitioner is not well and he had taken adjournment but unfortunately vide order dated 23.04.2024 in PRC Case No. 419/2022, NBWA was issued against the petitioner. The petitioner is willing to cooperate with the trial.

¶5I have taken a pragmatic view. This is an old pending case registered in the year 2019 and it would not be justified to keep the case pending any further. The petitioner who is willing to cooperate with the trial, is hereby directed to appear before the trial Court within 20 (Twenty) days. Till his appearance, NBWA issued against the petitioner in PRC Case No. 419/2022 is kept in abeyance.

¶6Petitioner is directed to appear and cooperate with the trial.

¶7In terms of the above observations, this Criminal Petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010164172024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1020/2024 PARTHA PRATIM DAS ALIAS SUNTI DAS S/O SRI MITHARAM DAS R/O VILL- TOWN-TELENGANIZA, P.S. BEHALI, SUB- DIVN-BISWANATH, DIST. SONITPUR, ASSAM, PIN-784176 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR P KATAKI, MS. A LALA,MRS R BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND