Kasi Reddy Ravi Sankar and Anr v. Union of India and Anr

ORDER Date : 26.09.2024 Heard Mr. J. Das, learned counsel appearing for the petitioners as well as Mr. K. Jain, learned Standing Counsel appearing for the Directorate of Revenue Intelligence.

¶2This is an application under Section 528 of BNSS, 2023 in respect of C.R. Case No. 1234/2016 pending in the court of the learned Additional Chief Judicial Magistrate, Kamrup

(M), Guwahati.

¶3The present two petitioners have been facing trial in respect of the Complaint Case No.1234/2016. They were earlier allowed to go on bail by the learned trial court, but on

22.04.2024, they could not appear before the court below.

¶4Therefore, the learned trial court directed issue of non-bailable warrant of arrest against both the petitioners.

¶5Mr. Das submits that both the petitioners are interested in facing the trial. According to Mr. Das, the aforesaid incident took place because of the miscommunication between the petitioners and the lawyer concerned.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7This Court is of the opinion that the petitioners deserve to be given the chance to face the trial.

¶8Accordingly, the impugned order dated 22.04.2024 and the subsequent orders directing issue of non-bailable warrant of arrest against the petitioners passed by the court of the learned Additional Chief Judicial Magistrate, Kamrup (M), Guwahati are set aside and quashed.

¶9The petitioners are allowed to remain on previous bail. They shall appear before the Page No.# 3/3 trial court regularly. The criminal petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010200682024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1192/2024o KASIoREDDYoRAVIoSANKARoANDoANRo S/OoLATEoKASIoREDDYoSANYASIoRAO,oP/R/OoVILL-oTULSHIoNAGAR,o ELAMANCHILI,oDIST-VISHAKAPATTANAM,oANDHRAoPRADESH,oPIN-531o 055,oP/R/AoVILLoANDoP.O.-oSREEoRAMPURoBAZAR,oGOSSAIGAON,oDIST-o KOKRAJHAR,oASSAM,oPIN-783161 2:oRAJESHoKASIoREDDY oS/OoLATEoKASIoREDDYoSANYASIoRAO oP/R/OoVILL-oTULSHIoNAGAR oELAMANCHILI oDIST-VISHAKAPATTANAM oANDHRAoPRADESH oPIN-531o055 oP/R/AoVILLoANDoP.O.-oSREEoRAMPURoBAZAR oGOSSAIGAON oDIST-oKOKRAJHAR oASSAM oPIN-78316o VERSUSo UNIONoOFoINDIAoANDoANRo REPRESENTEDoBYoITSoASSISTANToDIRECTOR,oDIRECTORATEoOFo REVENUEoINTELLIGENCE,oGUWAHATIoREGIONALoUNIT,oKRISHANAGAR,o CHANDMARI,oGUWAHATI-781003 2:DIBAKARoCHOUDHURY oDIRECTORATEoOFoREVENUEoINTELLIGENCE oGUWAHATIoREGIONALoUNIT oKRISHANAGAR oCHANDMARI oGUWAHATI-78100o AdvocateoforotheoPetitionerooooo:oMRoJoDAS,oPoHAZARIKA,MR.oSoRoRABHAo Page No.# 2/3 Advocate for the Respondent : SC, DRI, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA