Gauhati High Court
Jubi Das vs The State Of Assam And Anr on 1 February, 2022
Page No.# 1/3
GAHC010201782021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./62/2022
JUBI DAS
W/O. SRI MRIDUL KALITA, R/O. HOUSEFED COMPLEX, HOUSEFED,
NOTBOMA, HATIGAON, GUWAHATI-781038, PERMANENT/PRESENTLY
RESIDENT OF VILL. PASCHIM SUALKUCHI, NEAR SIDESWAR HILL, DIST.
KAMRUP, ASSAM, 781103.
VERSUS
THE STATE OF ASSAM AND ANR
REP. BY PP, ASSAM.
2:SMT. KALPANA DEKA
D/O. LT. THAGIRAM DEKA
R/O. SISHU APARTMENT
FIRST FLOOR
FLAT NO. SN/A-1
GORAMARA CHARIALI
NEAR KALIMANDIR
P.O. BELTOLA
P.S. BASISTHA
DIST. KAMRUP (M)
ASSAM
PIN-781028
Advocate for the Petitioner : MR. A K TALUKDAR
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-02-2022
The court proceedings have been conducted through Video-Conference
due to COVID-19 pandemic.
Heard Mr. AK Talukdar, learned counsel for the petitioner. Also heard Mrs. SH
Borah, learned Additional Public Prosecutor appearing for the State respondent No.
1.
The petitioner has averred in the petition and the learned counsel for the
petitioner has also submitted that while they went to the concerned Magistrate for
paying an amount of Rs. 5,000/- per month being monthly installment in
accordance with the order dated 25.10.2021 passed in Misc. (Crl.) Case No.
09/2021 arising out of Criminal Appeal No. 05/2021, pending before the court of
the learned Additional Sessions Judge No. 5, Kamrup (M), the deposit was not
accepted on the ground that the order dated 25.10.2021, referred to above, was
not clear. However, the learned counsel for the petitioner has submitted that no
formal order was passed to that effect by the learned court below.
Whatever it may by, on consideration of the application of the petitioner
before the learned Additional Sessions Judge No. 5, Kamrup (M) on 25.10.2021
and the order passed thereon on the same day, this Court is of a prima facie view
that a combined reading of the application and the order would show that the
prayer for depositing Rs. 5,000/- per month was allowed. That being so, in the
considered view of this Court, further proceeding in CR Case No. 3956 C/2017
pending in the court of the learned Munsiff No. 3 cum Judicial Magistrate First
Class, Kamrup (M) Guwahati is stayed until further order and during this period of
continuance of stay, Rs. 5,000/- per month as installment be paid/deposited by the
Page No.# 3/3
petitioner against satisfaction of the compensation amount as per the direction of
the impugned judgment in the aforesaid CR Case No. 3956 C/2017. However, this
Court makes it clear that the stay order will be operating till a clarificatory order is
passed by the learned Additional Sessions Judge No. 5, Kamrup (M) on an
application to be filed by the petitioner within 15 days from today. Thereafter, the
learned Additional Sessions Judge No. 5, Kamrup (M) shall pass an order clarifying
the purport of the order, dated 25.10.2021 passed in Misc. (Crl.) Case No. 09/2021
aforesaid and thereafter on the basis of such a clarificatory order, the learned
Magistrate before whom the case is pending for execution shall proceed further. Till
then, Rs. 5,000/- per month be deposited, as indicated above.
However, the observations made by this Court in respect of the aforesaid
order dated 15.10.2021 is tentative and subject to the clarificatory order to be
passed by the learned Additional Sessions Judge No. 5, Kamrup (M).
In the event, the petitioner does not file a clarificatory order before the
learned Additional Sessions Judge No. 5, Kamrup (M), the interim relief granted by
this Court shall automatically stand vacated after expiry of 15 days time, as
stipulated.
With the above observation and directions, this petition stands disposed of.
JUDGE
Comparing Assistant
