Dhiraj Dey v. The State of Assam and Anr

ORDER

29.08.2024

¶1Heard learned counsel Mr. H. Boruah for the petitioner Dhiraj Dey.

¶2This application has been filed by the petitioner under Section 438 read with Sections 442/528 of the BNSS, 2023 challenging the impugned orders dated

03.07.2024 and 20.08.2024 passed by the learned Additional District & Sessions Judge No. 5, Kamrup, (M) issuing NBWA against the petitioner.

¶3Heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶4It is submitted on behalf of the petitioner that on 06.07.2023, he was brutally attacked and he sustained grievous injuries on his head. Annexure-C reveals that the FIR was lodged by the petitioner and Annexure-D clearly depicts that the petitioner has sustained grievous injuries on his head, and Annexure-E are the medical documents relating to the injuries sustained by the petitioner. It is submitted on behalf of the petitioner that the petitioner is a senior citizen and he was undergoing treatment and so he was unable to appear before the Court due to his treatment.

¶5I have considered the submissions at the Bar with circumspection.

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

¶7NBWA issued against the petitioner vide orders dated 03.07.2024 and

20.08.2024 be kept in abeyance for 20 days

¶8The petitioner is hereby directed to appear before the learned Trial Court Page No.# 3/3 within 20 days and face the trial.

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

PageoNo.#o1/3 GAHC010174832024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./328/2024o DHIRAJoDEYo S/OoLATEoSATYAoCHARANoDEYo R/OoPANDU,oSADILAPUR,oP.S.oJALUKBARIo GUWAHATI-o781012o DIST.oKAMRUPo(M),oASSAMo PRESENTLYoRESIDENToOFo KERAoKUCHI,o NEARoHOCKEYoSTADIUMo C/OoDIBAKARoBASUMATARY,o BISHNUoRABHAoPATH,o P.S.oHATIGAON,o GUWAHATIo DIST.oKAMRUPo(M),oASSAMo PIN-781034 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:SANKARoCHARANoDAS oDIRECTORoOFoM/SoSHIVAMoTRANSCONoPVT.oHAVINGoITSoOFFICEoATo59 oZOOoNARENGIoROAD oDIST.oKAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oMRoHoBARUAH,oMRoPoPoPHUKAN,MRoPoBORAHo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND