Nilotpal Nath vs The State Of Assam And Anr
2024 Latest Caselaw 8498 Gua

Gauhati High Court

Nilotpal Nath vs The State Of Assam And Anr on 20 November, 2024

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GAHC010236982024




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

                                Case No. : Crl.Pet./1391/2024

            NILOTPAL NATH
            S/O JITENDRA KUMAR NATH
            R/O HOUSE NO. 6, UDAYAN PATH-1,
            JAYANAGAR, P.S. BASISTHA, GUWAHATI-29, DIST. KAMRUP (M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PP, ASSAM

            2:M/S MUKESH HYUNDAI
             REPRESENTED BY SRI SAURABH MODI
            THE GENERAL MANAGER
             KUSHAN PLAZA
             GANESHGURI
             P.S. DISPUR
             DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : MR. K K HANDIQUE, MS M BORA,MR. J SINGH

Advocate for the Respondent : PP, ASSAM,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

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1. Heard learned counsel Mr. K. K. Handique for the petitioner Nilotpal Nath.

2. This application has been filed by the petitioner under Section 528 of the

BNSS, 2023 challenging the Judgment and Order dated 27.06.2024 passed by

the learned Court of Judicial Magistrate 1st class, Kamrup (M) in CR Case No.

1516/2019, whereunder the learned Trial Court has issued P&A against the

petitioner.

3. Heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam for the

respondent State.

4. Learned Additional Public Prosecutor has accepted notice on behalf of the

respondent no. 2, and thus no formal notice is required to be issued.

5. It is submitted on behalf of the petitioner that the petitioner is willing to co-

operate with the trial. He has earlier been enlarged on bail by the learned Trial

Court but the petitioner lost contact with his engaged counsel and the petitioner

was not aware that NBWA and P&A was issued against him. It is submitted that

the petitioner lost his mobile phone and so he was unable to communicate with

his engaged counsel, and as a result he was unaware about the pendency of

the proceeding and the NBWA and P&A that was issued against him.

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6. I have considered the submissions at the Bar with circumspection. I have

taken a pragmatic view as the petitioner is willing to cooperate with the case

i.e., C.R. Case No. 1516/2019. The petitioner may appear before the Trial Court

and cooperate with the proceeding which may prevent procrastination.

7. It is further submitted that there is every possibility that the petitioner will

amicably settle the dispute with the respondent no. 2/ complainant.

8. Till then, the NBWA and P&A issued against the petitioner shall be kept in

abeyance for 15 days, and within 15 days, the petitioner is directed to appear

before the learned Trial Court and cooperate with the trial.

9. In terms of the above observation, petition stands disposed of.

JUDGE

Comparing Assistant