Pravir K Roy v. The Assistant Provident Fund Commissioner and Inspector

ORDER Date : 23-09-2024 Heard Mr. B. Kaushik, learned counsel appearing for the petitioner as well as Mr. N.C. Das, learned Sr. Counsel assisted by Mr. A. Das, learned counsel appearing for the respondent.

¶2This is an application filed under Section 438 and 442 read with Section Page No.# 2/2 528 of the BNSS, 2023 challenging the order dated 21.08.2024 passed by the learned SDJM, Karbi Anglong, Bokajan passed in C.R. Case No. 203/2013.

¶3The petitioner is an accused in C.R. Case No. 203/2013. On 21.08.2024, the petitioner filed an application before the court below praying for dispensing with his personal attendance on the ground of indisposition. The trial court refused the prayer of the petitioner and directed to issue non-bailable warrant of arrest against him.

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

¶5This Court is of the opinion that the petitioner should be given an opportunity to contest the case before the trial court directing to issue non-bailable warrant of arrest against the petitioner.

¶6Accordingly, the order dated 21.08.2024 passed by the learned SDJM, Karbi Anglong, Bokajan passed in C.R. Case No. 203/2013 stands quashed and set aside.

¶7The petitioner, Pravir Kumar Roy is directed to appear personally before the trial court on 18.10.2024 for receiving further order (s).

¶8It is further directed that the petitioner shall not be given any more adjournment in C.R. Case No. 203/2013.

¶9With the aforesaid direction, the revision petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010187452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Rev.P./363/2024 PRAVIR K ROY S/O LATE S.N. ROY EXECUTIVE DIRECTOR, BOGIDHOLA TEA AND TRADING COMPANY PVT. LTD. P.O. LETTAKUJAN, PIN-785613, DIST. GOLAGHAT, ASSAM VERSUS THE ASSISTANT PROVIDENT FUND COMMISSIONER AND INSPECTOR ASSAM TEA PLANTATION PROVIDENT FUND AND PENSION FUND AND DEPOSIT LINK INSURANCE, SCHEME, GOLAGHAT, GOVT. OF ASSAM Advocate for the Petitioner : MR B KAUSHIK, K BHARALI,MR. S HAZARIKA Advocate for the Respondent : SC, PF, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA