Page No.# 1/3 vs The Employees State Insurance ...
2022 Latest Caselaw 3216 Gua

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GAHC010022212022




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

                                 Case No. : Crl.Pet./114/2022

            RATAN PAUL AND ANR
            PROPRIETOR
            M/S NABARUP FOOD PRODUCTS, NEAR BORDER CHECK GATE,
            AGARTALA
            P.S. WEST AGARTALA
            DIST. TRIPURA (W), TRIPURA



            2: M/S NABARUP FOOD PRODUCTS

             NEAR BORDER CHECK GATE
             AGARTALA
             P.S. WEST AGARTALA

            DIST. TRIPURA (W)
            TRIPURA


            VERSUS


            THE EMPLOYEES STATE INSURANCE CORPORATION
            HAVING ITS REGIONAL OFFICE AT BAMUNIMAIDAM, DIST. KAMRUP (M),
            ASSAM, REP. BY ITS SSR OFFICER, SHRI D. BEJAMIN, PIN-781021


Advocate for the Petitioner   : MR. B N MAJUMDAR

Advocate for the Respondent : SC, ESIC
                                                                          Page No.# 2/3

                                BEFORE
                  HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

25.08.2022

Heard Mr. B.N. Mazumder, learned Sr. Counsel appearing for the petitioner. Also heard Mr. K.K. Nandi, learned counsel for the respondent/ ESIC.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for setting aside and quashing of the impugned order, dated 05.01.2022, passed by

the learned C.J.M., Kamrup(M) in C.R. Case No. 1313 C/2014 rejecting his prayer under Section 177 of the Cr.P.C. as well as the proceeding in C.R. Case No.

1313C/2014, pending in the Court of learned C.J.M., Kamrup(M).

Mr. Mazumder, learned Sr. Counsel appearing for the petitioner has relied on the following judgments rendered by the Hon'ble Supreme Court in Adalat Prasad Vs. Rooplal Jindal and Ors., reported in 2004 STPL 13212 SC; Devendra Kishanlal Dagalia Vs. Dwarkesh Diamonds Private Ltd., reported in (2014) 2 SCC 246; Kamatchi Vs. Lakshmi Narayanan, reported in 2022 SCC OnLine SC 446; State of M.P. Vs. K.P. Ghiara, reported in AIR 1957 SC 196 and the judgment rendered by the Hon'ble Patna High Court in Raj Kumar Gupta Vs. State of Bihar, in Crl. Misc. No. 42495/2008.

Mr. K.K. Nandi, learned counsel for the respondent/ ESIC seeks for some time to obtain instruction on the documents filed by the petitioner.

Prayer is allowed.

List after 3(three) weeks.

Since the matter involves, inter-alia, the question of territorial jurisdiction of the Court at Kamrup (M), till the returnable date, it is provided that further Page No.# 3/3

proceedings in C.R. Case No. 1313C/2014, pending in the Court of learned C.J.M., Kamrup(M), shall remain stayed.

JUDGE

Comparing Assistant