Dip Sarma @ Dip Kumar Sarma vs The State Of Assam And Anr
2022 Latest Caselaw 1328 Gua

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GAHC010076782022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Pet./357/2022

             DIP SARMA @ DIP KUMAR SARMA
             S/O LATE BHABEN SARMA
             R/O VILL- ABHAYPUR
             P.O. GERUAH, P.S. HAJO
             DIST. KAMRUP, ASSAM,
             PIN-781102

             VERSUS

             THE STATE OF ASSAM AND ANR.
             REP. BY THE PP, ASSAM

             2:DR. RATUL CHOUDHURY
              S/O RAMESWAR CHOUDHURY
             R/O C/O M/S JANON MEDOCOS
              SIX MILE
              P.S. DISPUR
              GUWAHATI-22
              DIST. KAMRUP (M)
             ASSA

Advocate for the Petitioner   : MR. M KALITA

Advocate for the Respondent : PP, ASSAM

                                          BEFORE
               HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                ORDER

21.04.2022 By this application, filed under Section 482 CrPC, the petitioner has sought for quashing of the Judgment and Order dated 23.12.2015, passed by the learned Additional Page No.# 2/3

Sessions Judge No. 4 (FTC), Kamrup (Metro), Guwahati in Criminal Revision No. 80/2015.

Heard the learned counsel for both the parties.

Raising his grievance, the petitioner, herein has submitted that he has been arrayed as an accused in CR Case No. 1319/2015, pending in the Court of learned JMFC, Kamrup (Metro), Guwahati. Initially, the learned trial Court did not take cognizance of offence under Section 138 of the NI Act and under Sections 417/420 IPC, vide its order dated 17.07.2015. Thereafter, on being challenged by the respondent No. 2/claimant, by the impugned order dated 23.12.2015, the revisional Court set aside the order dated 17.07.2015, with a direction to the learned trial Court to given an opportunity to the complainant to file his additional evidence on affidavit for just decision of the case and, thereafter, to pass an order afresh as per law. Accordingly, the learned trial Court proceeded for taking cognizance of the offence under Section 138 of the NI Act and now, the case is at the argument stage.

At this stage, the petitioner has come forward with the present petition for quashing of the order of the revisional Court, passed far back on 23.12.2015.

I have considered the submissions so made by the learned counsel for both the parties and also perused the documents annexed.

It is apparent that even after passing of the order by the revisional Court, the learned trial Court has proceeded for taking cognizance, and the case is now at the argument stage. The petitioner, at no point of time, had challenged the aforesaid order of the revisional Court and now, suddenly has come forward with the present petition to challenge the order of the revisional Court, whereas, the case is fixed for arguments on 25.04.2022. Such a fragile attempt on the part of the petitioner cannot be entertained in a petition under Section 482 CrPC and whereas, he has not availed the due procedure of law in assailing the aforesaid order, which has come into finality in course of time.

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Also heard the learned Additional Public Prosecutor for the State of Assam, who is a formal party.

In view of all above, this Court is not inclined to pass any order so as to interfere with the order of the revisional Court and the provision of Section 482 CrPC cannot be invoked in a routine manner in each and every case, and it has to be exercised in rarest of the rare cases with circumspection, where there is no alternative remedy.

Accordingly, the petition stands disposed of with a direction to the petitioner to raise his grievance(s) before the learned trial Court, in course of his arguments.

JUDGE

Comparing Assistant