Saranga Pani Deva Sarma and Anr v. Barasha Goswami

ORDER

19.12.2024

Heard Mr. R Goswami, learned counsel for the petitioners. This is an application filed under Section 528 of the BNSS praying for quashing the order dated

26.11.2024 passed by the learned Judicial Magistrate 1st Class, Bajali, Pathsala in DV Case No. 02/2023. The petitioner is the respondent no. 1 before the court below. On 26.11.2024, the case was posted for argument. On that day, the counsel for the respondent no. 1 filed an application stating that, earlier while he filed the evidence of the witnesses he filed Photostat copies of the relevant documents as Annexure 1 to 10 along with the said evidences. Therefore, the counsel prayed before the trial court that he should be given an opportunity to exhibit the original documents and to mark those as exhibits. The trial court refused the said prayer. The reason for which the trial court disagreed with the prayer of the respondent no. 1 need not be mentioned in this order. I have considered the submission made by the learned counsel for both sides. This court is of the opinion that no prejudice would be caused to the other side if the original documents are allowed to be produced and marked as exhibits. Hence, the impugned order dated

26.11.2024 passed by the learned Judicial Magistrate 1st Class, Bajali, Pathsala in DV Case No. 02/2023 is set aside. Page No.# 3/3 The trial court is directed to accept the original documents of the annexure filed earlier. Further, the trial court shall mark the original documents as exhibits. After accepting those original documents, the trial court shall proceed to dispose of the matter within a short period of time. With the above, the criminal petition stands disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010271542024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1555/2024o SARANGAoPANIoDEVAoSARMAoANDoANR.o S/OoDHARMESWARoSARMAo R/OoMILANoNAGAR,o BARPETAoROAD,o WARDoNO.o6,oMOUZA-oGOBARDHANAo P.S.oBARPETAoROAD,o DIST.oBARPETA,oASSAM,o PINoNO.o781313 2:oSRIoDHARMESWARoSARMA oS/OoLATEoLANGKESWARoSARMAo R/OoMILANoNAGAR o BARPETAoROAD o oWARDoNO.o6 oMOUZAoGOBARDHANAo P.S.oBARPETAoROAD o DIST.oBARPETA oASSAMo PIN-78131o VERSUSo BARASHAoGOSWAMIo W/OoSRIoSARANGAoPANIoDEVAo SARMA,o D/OoSRIoGIRISHoCHANDRAoGOSWAMIo R/OoGOBINDAPURo MOUZA-oPUBoBAJALIo P.S.oANDoP.O.oPATACHARKUCHI,o DIST.oBAJALI/BARPETA,oASSAMo PINoNO.o781326 Page No.# 2/3 Advocate for the Petitioner : MR. R GOSWAMI, MS. U BHATTACHARYYA,MS S DAS,MS N DEVI Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA