Sidhartha Kr Jain v. The State of Assam and 3 Ors

ORDER Date : 14.06.2024

Heard Mr. A.R. Medhi, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State/respondent Nos. 3 and 4 and Mr. S. Das, learned counsel for the respondent No. 2. This is an application under Section 482 Cr.P.C. praying for setting aside and quashing of the impugned order dated 20.08.2022 passed by the learned Additional Sessions Judge, Dhubri in Criminal Revision Case No. 13/2022, dismissing the revision petition and the impugned order passed in G.R. Case No. 171/2022 by the learned Additional CJM, Dhubri in reference to Gauripur P.S. Case No. 37/2022 dated 30.05.2022 allowing the respondent/complainant to disburse the jute amount. It is submitted by the learned counsel for the petitioner that on

20.08.2022, the case was fixed for hearing before the learned Additional Sessions Judge, Dhubri but the learned engaged counsel for the petitioner was not in a position to attend the court in time, as he was late and arrived the court at 11.50 a.m. instead of 10.30 a.m., as a result of which, the revision petition was dismissed. Therefore, the learned counsel for the petitioner prays that the impugned order dated 20.08.2022 be set aside and the matter may Page No.# 3/3 also be heard on merit. On the other hand, learned counsel for the respondent No. 2 who is the informant in the case, has no objection if the matter be heard afresh. I have considered the submissions made by the learned counsel for the parties. In view of the above, the impugned order dated 20.08.2022 is hereby set aside. Parties are directed to appear before the court of learned Additional Sessions Judge, Dhubri on 24.07.2024. The learned Additional Sessions Judge, Dhubri will hear the matter afresh and pass order in accordance with law. Till disposal of the criminal revision petition, the jute amount will not be disbursed. In view of above, the criminal petition stands disposed of accordingly. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010192242022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./952/2022o SIDHARTHAoKRoJAINo S/OoMR.oABHAYoKUMARoJAINo (PROPRIETORoOFoS.K.oENTERPRISE)o ADo381,oRABINDRAoPALLYo SWABUJDEEPoAPARTMENT,oYoBLOCKo4THoFLOOR,oKESTOPUR,o GEETANJALIoPATH,oKOLKATAo-o700101o P.S.oRAJARHAToP.O.oGOPALPURo DIST.oKOLKATAo STATE-oWESToBENGALo PINo-o943547853 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoPP,oASSAM 2:M/SoPUSHPAoTRADERS oPROPRIETORoCHITRAoDEVIoCHIRANIAo WARDoNO.o4 o GAURIPURo P.S.oGAURIPURo DIST.oDHUBRIoASSAM 3:MABUDoALIo(ASI) oGAURIPURoPOLICEoSTATION o THEoI/OoOFoG.R.oCASEoNO.o171/2022o GPR oP.S.oCASEoNO.o37/2022 4:RITUoJYOTIoNATH Page No.# 2/3 OFFICER IN CHARGE GAURIPUR POLICE STATION Advocate for the Petitioner : MR. A R MEDHI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI