Gauhati High Court
Kiran Basfor vs The State Of Assam And Anr on 9 August, 2022
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GAHC010156692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./779/2022
KIRAN BASFOR
S/O LATE GUTMAL BASFOR @ RAMU
R/O GRAHAM BAZAR,
HARIJAN COLONY
P.O., P.S. AND DIST. DIBRUGARH, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
2:SMTI. BITUMONI DAS
D/O SRI BIPUL CHANDRA DAS
R/O SENSUA ALI
P.O.
P.S. AND DIST. SIVASAGAR
ASSAM
PIN-78564
Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
09.08.2022
Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. R.J.
Baruah, learned Addl. Public Prosecutor, Assam for the State/respondent No.1.
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By this petition under Section 482 Cr.P.C., the petitioner has prayed for
setting aside and quashing of the impugned order, dated 14.07.2022, passed in
Criminal Appeal No. 08(02)/2022 by the learned Addl. Sessions Judge (F.T.C.),
Dibrugarh whereby the appeal was dismissed for non-prosecution.
Mr. S. Islam, learned counsel for the petitioner, submits that being
aggrieved by the judgment and order, dated 31.03.2022, passed by the learned
J.M.F.C., Dibrugarh in G.R. Case No. 2659/2017, convicting and sentencing the
accused petitioner to undergo R.I. for 1 month with fine of Rs.2,000/-, in
default, to undergo imprisonment for another 3 months u/s 354A of the IPC, the
accused petitioner preferred an appeal before the Court of learned District &
Sessions Judge, Dibrugarh which was transferred to the Court of learned Addl.
Sessions Judge (FTC), Dibrugarh for disposal being numbered as Criminal
Appeal No. 08(02)/2022. Thereafter, vide order, dated 27.04.2022, the learned
Court below issued notice to the informant and stayed the aforesaid judgment
and order, dated 31.03.2022 fixing 15.06.2022 for appearance. On 15.06.2022,
the petitioner's engaged counsel filed a petition seeking exemption from
appearance for the day which was allowed by the learned Court below fixing
14.07.2022. Mr. Islam submits that on 14.07.2022, the engaged counsel filed
hazira, but as he was busy in another Court, when the matter was called, he
could not appear, due to which vide the impugned order, dated 14.07.2022 the
Court of learned Addl. Sessions Judge (F.T.C.), Dibrugarh dismissed the appeal
for non-prosecution. Therefore, Mr. Islam submits that as the case was not
decided on merit, the impugned order, dated 14.07.2022 is liable to be set aside
thereby granting an opportunity to the petitioner to contest his case before the
learned Court below.
Mr. R.J. Baruah, learned Addl. Public Prosecutor, appearing for the
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State/respondent No. 1, submits that as the petitioner's case was dismissed for
non-prosecution, the impugned order, dated 14.07.2022 may be set aside to
meet the ends of justice.
The impugned order, dated 14.07.2022, reads as hereunder:-
"14.07.2022:
The present appeal was admitted for hearing 27.04.2022. On said date, the appellant
was directed to take steps upon the respondent and also appellant was directed to appear
along with the bailor on the next date of hearing. The matter was fixed on 15.06.2022.
On 15.06.2022, the appellant did not produce the bailor; even no steps were taken
upon the respondent. However, in the interest of justice, another opportunity was granted to
the appellant to take steps upon the respondent and matter was fixed for today. Even
respondent was directed to produce the bailor today.
Today, hazira is filed on behalf of the appellant. However, none has appeared to make
submissions. Record reveals that appellant has not taken steps upon the respondent.
Moreover, bailor has also not appeared.
In the aforesaid facts and circumstances, it appears that the appellant is not interested
to pursue the present appeal. Accordingly, the present appeal is dismissed for non-
prosecution.
Interim order, if any, stands vacated.
Send back the LCR along with the copy of this order."
On hearing the learned counsel for both sides and perusal of the
impugned order, dated 14.07.2022 along with the grounds cited in the petition,
this Court is of the opinion that for the ends of justice the impugned order,
dated 14.07.2022 may be set aside and quashed restoring the appeal to file.
Accordingly, the impugned order, dated 14.07.2022, passed in Criminal
Appeal No. 08(02)/2022 by the learned Addl. Sessions Judge (F.T.C.), Dibrugarh
is hereby set aside and the appeal is restored to file.
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With the above direction, the petition stands disposed of.
JUDGE
Comparing Assistant
