Rakesh Kumar Paul vs The State Of Assam
2023 Latest Caselaw 1867 Gua

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GAHC010096762023




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

                                 Case No. : Crl.Pet./412/2023

            RAKESH KUMAR PAUL
            S/O RANJIT KUMAR PAUL R/O HOUSES NO. 47 SAKTIGARH PATH P.S.
            BHANGAGHAR DIST. KAMRUP M GUWAHATI 781005



            VERSUS

            THE STATE OF ASSAM
            THROUGH PP, ASSAM



Advocate for the Petitioner   : MR. D DAS SR. ADV

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

10.05.2023

Heard Mr. D. Das, learned Sr. Counsel appearing for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the State respondent.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for the Page No.# 2/3

following reliefs-

"a) Admit this application and allow the prayer of the petitioner that the petitioner's cross examination of the witnesses during the period from 26.09.2022 till 27.03.2023 be expunged and the petitioner be permitted to cross-examine the said witnesses afresh;

b) An interim order of stay of further proceedings in Special Case No. 5/2021 pending before the Ld. Special Judge, Assam;

c) Alternatively directing the Ld. Special Judge, Assam not to pass the Final Judgment and/or Order in Special Case No. 5/2021 till the disposal of this criminal petition;

d) Ad-interim orders in terms of the prayers made hereinabove;

e) Set-aside and quash the relevant portion of the order, dated 16.11.2022 passed by the Ld. Special Judge, Assam in Special Case No. 5/2021 inter alia allowing 15 minutes time to the petitioner for the preparation of his defense;

f) Set-aside and quash the relevant portion of the order dated 11.04.2023 passed by the Ld. Special Judge, Assam in Special Case No. 5/2021 and the petitioner be permitted to re-cross-examine the P.W. 49;

g) Set-aside and quash the relevant portion of the order dated 25.04.2022 passed by the Ld. Special Judge, Assam in Special Case No. 5/2021 inter alia directing the Ld. Trial Court to provide a case calendar for the instant trial;

h) Further, allow this instant application and pass necessary directions to provide the necessary infrastructure in the Trial Court to hold a criminal trial in an atmosphere of judicial calm;

i) Further, allow this instant application and pass necessary directions to ensure that the petitioner gets a fair trial in the instant case with all reasonable opportunities to defend himself;

j) Pass such any other order/orders as this Court may deem to be fit and proper."

As Mr. M. Phukan, learned Public Prosecutor, has entered appearance on behalf of the State respondent, no fresh notice needs to be issued. However, a copy of the petition along with the documents annexed thereto, be furnished to Mr. Phukan during the course of the day.

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Mr. Phukan submits that the instant petition is brought at a time belatedly at the fag end of trial when the case is pending for examination of only 1(one) P.W., that is, the investigating officer.

Call for a legible scanned copy of the case records with index except the evidence part.

List on 07.06.2023.

The petitioner shall apprise the learned trial Court about the pendency of this criminal petition with the above quoted prayers.

JUDGE

Comparing Assistant