Gauhati High Court
Page No.# 1/5 vs The State Of Assam And Anr on 24 March, 2023
Page No.# 1/5
GAHC010065282023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./287/2023
EZZAT ALI AND 9 ORS.
S/O LATE FUL MOHAMMAD SK.
R/O DIRER CHAR PART-I,
P.S. CHAPOR
DIST. DHUBRI, ASSAM
2: SIRAJ ALI
S/O LATE MOKBUL HUSSAIN
R/O DIRER CHAR PART-I
P.S. CHAPOR
DIST. DHUBRI
ASSAM
3: LALCHAND ALI
S/O LATE SAMSUL HOQUE
R/O KHORSIMARI
P.S. PANCHARATNA
DIST. DHUBRI
ASSAM
4: HOBIBUR RAHMAN
S/OLATE JADU SK.
R/O CHANDIR PARA
P.S. CHAPOR
DIST. DHUBRI
ASSAM
5: JAMALUDDIN
S/O LT. DOST MOHAMMAD
R/O LALIYAPARA
P.S. CHAPOR
DIST. DHUBRI
ASSAM
Page No.# 2/5
6: JAMAL ALI
S/O LATE NAIMUDDIN SK.
R/O CHANDIRPARA
P.S. CHAPOR
DIST. DHUBRI
ASSAM
7: SAYED ALI
S/O LATE CHANDULL SK.
R/O CHANDIRPARA
P.S. CHAPOR
DIST. DHUBRI
ASSAM
8: WAHAB ALI
S/O LATE ROSTAM ALI
R/O KHORSIMARI
P.S. PACHARATNA
DIST. DHUBRI
ASSAM
9: HASEM ALI
S/O AKHER ALI
R/ DIRER CHAR PART-I
P.S. CHAPAR
DIST. DHUBRI
ASSAM
10: AKHER ALI
S/O LATE MOZIBOR MONDAL
R/O HALDIYAPARA
P.S. CHAPOR
DIST. DHUBRI
ASSA
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM
2:MAHAR ALI
S/O LATE BARAN ALI
R/O KHARSIMARI
P.O. AND P.S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM
PIN-78338
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Advocate for the Petitioner : MR. S ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 24-03-2023
Heard Mr. S Islam, learned counsel for the petitioners. Also
heard Ms. S.H Bora, learned Addl. PP, appearing for the State
respondent No.1.
2. The petitioners, namely, 1. Ezzat Ali, 2. Sirag Ali, 3. Lalchand
Ali, 4. Hobibur Rahman, 5. Jamaluddin, 6. Jamal Ali, 7. Sayed Ai, 8.
Wahab Ali, 9. Hasem Ali and 10. Akher Ali have filed an application
under section 482 Cr.P.C., with a prayer for quashing and setting aside
the impugned order dated 16.03.2023, passed by the learned
Additional Sessions Judge, Bilasipara in Sessions Case No.168/2012.
3. The learned Addl. PP has accepted notice on behalf of the
respondent No.1 and has also received a copy of the petition.
4. I have considered the submissions at the bar.
5. It is submitted on behalf of the petitioners that in the instant
case, the prosecution has examined 20 prosecution witnesses and 6
defence witnesses. On two occasions the arguments of the case was
advanced before the predecessors of the present Additional Sessions
Judge and the present Additional Sessions Judge joined at Bilasipara
in the month of August, 2022. The prosecution reopened the case on
18.08.2022 and the first argument was advanced for the petitioners
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on 08.09.2022 and the next date was fixed on 03.11.2022 for
argument. The argument was advanced on 03.11.2022 but due to
paucity of time the arguments could not be completed and the next
date was fixed on 11.02.2022. Meanwhile, the Trial Court could not
function due to pen down by the Bilasipara Bar Association from
07.11.2022 up to 11.01.2023. The case was finally fixed for argument
on 16.03.2023 and the impugned order was passed on 16.03.2023.
6. It was observed by the learned Trial Court that arguments
had been heard on several occasions and so no more time could be
allowed to the defence counsel who was not well on the date fixed for
argument i.e., 16.03.2023.
7. The learned counsel for the petitioners have annexed copies of
documents on behalf of the learned defence counsel representing the
petitioners at the trial Court in Sessions Case No.168/2012. The
medical documents are marked as Annexure - 2 which are appended
along with the petition of the learned defence counsel for the
petitioners who was advised to take bed rest due to eye surgery.
8. I have considered the submissions at the bar. This case is a
long pending case, continuing from the year 2012. It is true that
arguments have been heard on several dates, but at the same time it
is also true that the defence could not conclude the argument due to
the eye surgery of the learned defence counsel. For the interest of
justice, both the sides are to be heard. The petitioners have prayed
for only one date to conclude the argument.
9. In view of my foregoing discussions, I deem it expedient to
invoke the inherent jurisdiction under section 482 Cr.P.C. For interest
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of justice, the order dated 16.03.2023 fixing the case for judgment is
hereby set aside. The petitioners are afforded a last opportunity to
conclude the argument within one day to be fixed by the learned trial
Court.
10. In terms of the above, the petition stands disposed of.
JUDGE
Comparing Assistant
