Anjan Sahu v. The State of Assam and 2 Ors

ORDER Date : 30.08.2024 Heard Mr. G. Uddin, learned counsel appearing for the revision petitioner as well as Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application u/s 438 read with section 528 of BNSS, 2023 challenging the order dated 01.08.2024 passed by the learned Sessions Judge, Hojai in connection with Session Case No. (1) 05/2018.

¶3The case of the petitioner in a nutshell is that he has been facing trial before the court below and after closure of hearing of the prosecution witnesses, he took 3 (three) years' time to examine defence witnesses. The learned trial court felt that sufficient time was granted to the petitioner for examining defence witnesses. Therefore, hearing for examination of defence witnesses was closed.

¶4I have considered the submissions made by the learned counsels of both sides.

¶5This Court is of the opinion that the learned trial court has correctly arrived at the said decision, but the petitioner shall be given one single opportunity to examine three defence witnesses. Therefore, the impugned order to that effect is set aside.

¶6The petitioner is directed to appear before the trial court with a certified copy of this order and the trial court has the liberty to fix the case on another date for examination of the 3 (three) defence witnesses.

¶7It is hereby clarified that no further chance shall be given to the petitioner to Page No.# 3/3 examine defence witnesses.

¶8With the aforesaid direction, the criminal revision petition stands disposed of accordingly. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010175972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./336/2024o ANJANoSAHUo S/OoBUDHRAMoSAHUo R/OoVILL-oBURAGAO,oMOUZA-oKAKI,oP.O.oJURAPUKHURIo P.S.oLANKAo DIST.oHOJAI,oASSAM,oPIN-o782442 VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoPP,oASSAM 2:SRIoBISHNUoPRASADoSAHU o(INFORMANT)o S/OoBUDHARAMoSAHU o R/OoVILL-oBURAGAON oP.S.oLANKAo DIST.oHOJAI oASSAMo PINoCODE-782442 3:SOMBABAIoSAHUo(VICTIM) oW/OoLATEoSUNAUoSAHUo R/OoVILL-oBURAGAON o MOUZA-oKAKI oP.O.oJURAPUKHURI oP.S.oLANKA o DIST.oHOJAI oASSAM o Page No.# 2/3 PIN- 78244 Advocate for the Petitioner : G UDDIN, MR A K AZAD,P ADHIKARI Advocate for the Respondent : PP, ASSAM, P ADHIKARI BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA