Rajen Teron vs The State Of Assam And Anr
2022 Latest Caselaw 3155 Gua

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GAHC010165222022




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

                               Case No. : Crl.Pet./828/2022

           RAJEN TERON
           SON OF SRI DANIEL TERON
           R/O VILL- SAMELANGSO
           P.S. SAMELANGSO
           DIST. KARBI ANGLONG, ASSAM
           PIN-782441

           VERSUS

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

           2:ARSHAD ALI
           ASI
           SONAPUR POLICE STATION
           DIST. KAMRUP (M)
           ASSAM
           PIN- 78240

Advocate for the Petitioner : MR. A PAUL
Advocate for the Respondent : PP, ASSAM

                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                           ORDER

23.08.2022

Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State/respondent Nos. 1 and 2.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for setting Page No.# 2/2

aside and quashing of the impugned order, dated 06.09.2021, passed by the learned J.M.F.C., Kamrup (M), Guwahati corresponding to Sonapur P.S. charge-sheet No. 252/2020 under Sections 188/269/270 of the IPC read with Section 51(b) of the Disaster Management Act taking cognizance of offences against the accused petitioner and others as well as the order, dated 30.06.2022, passed by the learned JMFC, Kamrup (M), Guwahati issuing NBWA against the petitioner.

As Ms. S.H. Bora, learned Addl. P.P., accepts notice on behalf of the State/respondent Nos. 1 and 2, no fresh notice needs to be issued to the said respondents. However, a copy of the petition along with the documents annexed thereto, be furnished to the learned Addl. P.P. (Ms. S.H. Bora), during the course of the day.

Call for a scanned copy of the case record along with the case diary.

List after 3(three) weeks.

In the meantime, in view of the averments made in the petition along with the documents annexed thereto and relying on the judgment passed by this Court in the case of Bajranglal Parikh and Ors. Vs. State of Assam, reported in 2008 (Suppl) GLT 486, it is provided that till the returnable date, the NBWA issued against the petitioner vide order, dated 30.06.2022 by the learned JMFC, Kamrup(M), Guwahati and the proceedings of PRC Case No. 1730/2021, pending in the Court of learned JMFC, Kamrup(M), Guwahati shall remain stayed till the returnable date.

JUDGE

Comparing Assistant