Page No.# 1/3 vs The State Of Assam And 2 Ors
2022 Latest Caselaw 389 Gua

                                                                Page No.# 1/3

GAHC010052782021




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

                          Case No. : Crl.Pet./209/2021

         JOY KUMAR SINGH AND 2 ORS.
         S/O LATE JAYANTA KUMAR SINGH, R/O VILL-AMARAJAN, P.S.-BOKAJAN,
         DIST-KARBI ANGLONG, ASSAM

         2: BISWAJAIT SINGH
          S/O LATE JAYANTA KUMAR SINGH
          R/O VILL-AMARAJAN
          P.S.-BOKAJAN
          DIST-KARBI ANGLONG
         ASSAM

         3: ANAND SINGH
          S/O LATE JAYANTA KUMAR SINGH
          R/O VILL-AMARAJAN
          P.S.-BOKAJAN
          DIST-KARBI ANGLONG
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 2 ORS.
         REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

         2:GANGA RAM TERIA
          S/O LT. KANDHARA TERIA
          R/O VILL-AMARAJAN
          P.S.-BOKAJAN
          DIST-KARBI ANGLONG
         ASSAM

         3:SMTI PANU TERIA
         W/O LT. KANDHARA TERIA
          R/O VILL-AMARAJAN
          P.S.-BOKAJAN
                                                                                 Page No.# 2/3

             DIST-KARBI ANGLONG
             ASSA

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                        HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                          ORDER

Date : 07-02-2022

Heard Mr. L. Mohan, learned counsel for the petitioners. Also heard Mr. A. Tewari, learned counsel for respondent Nos. 2 and 3 and Ms. S. Jahan, learned Addl. P.P. for State respondent No. 1.

2. This application under Section 482 read with Section 397/401 of the Code of Criminal Procedure is preferred for setting aside and quashing the impugned Judgment & Order dated 22.12.2020 passed by the learned Sessions Judge, Karbi Anglong, Diphu in Criminal Revision Petition No. 12/2019.

3. It is also to be mentioned here that vide aforesaid impugned judgment and order the learned Sessions Judge, Karbi Anglong has set aside the Order dated 12.09.2019 passed by the learned Executive Magistrate Smt. A. Bemthoi Chanu in Karbi Anglong in M.R. Case No. 14/2018, under Sections 107/145 Cr.PC.

4. Mr. Mohan, learned counsel for the petitioners, taking this Court through the orders of the learned Sessions Judge, Karbi Anglong, Diphu dated 14.10.2019, till disposal of the Criminal Revision Petition No. 12/2019, vide Judgment & Order dated 22.12.2020, submits that the petitioner has not been afforded any opportunity of being heard by the learned Sessions Judge while disposing of the Criminal Revision Petition No. 12/2019, and even no notice was served upon him and as such the impugned judgment and order passed by the learned Sessions Judge behind the back of the petitioners and the same is against the principle of natural justice and the same caused prejudices to the petitioners side and therefore Mr. Mohan contended to set aside the impugned judgment and order passed by the Page No.# 3/3

learned Sessions Judge.

5. On the other hand, Mr. A. Tiwari, learned counsel for the respondent Nos. 2 and 3 submits that the impugned order passed by the learned Sessions Judge may be set aside and the matter may be remanded to the learned Court below again to decide the matter afresh after affording an opportunity of hearing to the petitioners side. Mr. Tiwari also contended that till disposal of the revision petition by the learned Sessions Judge, status-quo over the disputed land may be maintained.

6. Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and also the documents placed on record. From the orders of the learned Sessions Judge, starting from dated 24.10.2019, till disposal of the petition vide judgment and order dated 22.12.2020, I am satisfied to hold that the petitioners have not been served any notice and they have not been afforded an opportunity of being heard. The impugned judgment and order dated 22.12.2020 in Criminal Revision Petition No. 12/2019, was passed behind the back of the petitioner.

7. And as such prejudice is caused to the petitioners side and their right to fair trial is violated here in this case. It is to be mentioned here that right to fair trial is a fundamental right as enshrined in Article 21 of the Constitution of India.

8. Considering the submissions of learned Advocates of both sides and also considering the documents placed on record, the impugned Judgment & Order dated 22.12.2020, passed by learned Sessions Judge is set aside and quashed. The matter is remanded to the Court of learned Sessions Judge, Karbi Anglong, Diphu to decide the matter afresh after affording an opportunity of being heard to the petitioners and the learned Sessions Judge, Karbi Anglong, Diphu will make an endeavour to dispose of the petition as expeditiously as possible, within a month from the date of receipt of the certified copy of order of this Court. The parties are directed to appear before the Court of learned Sessions Judge, Karbi Anglong, Diphu on 21.02.2022, with a certified copy of this order, and till disposal of the petition status-quo over the disputed land shall be maintained by both the parties.

9. In terms of above this petition stands disposed of at this admission stage itself.

      Comparing Assistant                                                       JUDGE