Utpal Neog v. The State of Assam and Anr

PageoNo.#o1/4 GAHC010170422024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1031/2024o UTPALoNEOGo S/OoHARIMOHANoNEOGo R/OoVILL-oKEKURABARIo COLLEGEoTINIALI,oP.O.oKALABARI,oP.S.oGOHPUR,o DIST.oBISWANATH,oASSAMo PIN-784178 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoLD.oPP,oASSAM 2:SRIoJOGESHWARoSAIKIA oS/OLT.oDANDIoSAIKIAo R/OoRAIYABAKALAoGAON o P.O.oANDoP.S.oPANIGAON o DIST.oLAKHIMPUR oASSAMo PIN-78705o AdvocateoforotheoPetitionerooooo:oMR.oDoBORAH,oMSoPoSINGHo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Page No.# 2/4

22.08.2024

¶1Heard learned counsel Mr. D. Borah for the petitioner Utpal Neog.

¶2This application havs been filed by the petitioner under Section 528 of the BNSS, 2023 challenging the orders dated 11.06.2024 and 08.08.2024 in passed by the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur in connection with Panigaon P.S. Case No. 47/2016 registered under section 366(A) of the IPC corresponding to G.R. Case No. 1062/2016.

¶3Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for respondent No. 1.

¶4Learned Additional Public Prosecutor has accepted notice on behalf of respondent No. 1 and thus no formal notice is required to be issued.

¶5I have considered the submissions at the Bar.

¶6It is submitted on behalf of the petitioner that vide order dated 10.04.2018 in connection with Crl.Pet. No. 315/2018, the above mentioned G.R. Case was stayed by this Court. The petitioner was under the belief that he did not have to appear before the learned Trial Court as proceedings were stayed. Thereafter, several orders were passed by the learned SDJM as this case was pending Page No.# 3/4 before the learned SDJM at that point of time. Acknowledging the order of stay issued by this Court, on 15.07.2019, as the learned SDJM was on leave, an order was erroneously passed to issue NBWA against the petitioner. The order of issuance of NBWA thus continued. During Covid, the petitioner could not appear before the Court and finally this case was transferred to the Court of learned CJM and vide impugned order dated 11.06.2024, a fresh NBWA was issued against the petitioner directing the O/C of the concerned P.S. to execute the warrant. The petitioner is willing to co-operate with the trial. The petitioner was not negligent and he did not willingly disobey the order of the Court. The petitioner has prayed for setting aside the impugned order so that he could appear before the Trial court and co-operate with the trial. At present, the petitioner is apprehending arrest as NBWA has been issued against him.

¶7Learned Additional Public Prosecutor has submitted that the petitioner's conduct reflects that he was not co-operating with the proceeding.

¶8I have taken a pragmatic view. This is already a long pending case which is not required to be protracted any further.

¶9The petitioner is directed to appear before the learned CJM within 20 days and co-operate with the trial. Till then, no coercive action to be taken against Page No.# 4/4 the petitioner and the NBWA issued against the petitioner is kept in abeyance till the appearance of the petitioner before the learned CJM.

¶10In terms of the above observations, petition stands disposed of. JUDGE Comparing Assistant