Lakheswar Baruah vs The State Of Assam And Anr
2025 Latest Caselaw 6849 Gua

Gauhati High Court

Lakheswar Baruah vs The State Of Assam And Anr on 29 August, 2025

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GAHC010183992025




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

                                 Case No. : Crl.Pet./1015/2025

            LAKHESWAR BARUAH
            SON OF RANJIT KUMAR BARUAH
            RESIDENT OF SYNDICATE
            ORCHID, BLOCK ASTER, A-6, HENGRABARI ROAD, P.O. AND P.S. DISPUR,
            DIST. KAMRUP (M), ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:SRI RAJESH KR. JALAN
             SON OF LATE LAKSHMI NARAYAN JALAN
            RESIDENT OF HOUSEN O. 17
             CHITRA LEKHA LANE
             GAYATRIKUNJ
             USHA NAGAR
             SUPER MARKET DISPUR
             P.O. AND P.S. DISPUR
             PIN-781006
             DIST. KAMRUP (M)
            ASSA

Advocate for the Petitioner   : S ALI, MS. J SARMA,MS S SIDDIQUA,MR. A IKBAL,MS. M
NATH,MR. R BARUAH

Advocate for the Respondent : PP, ASSAM,


                                           BEFORE
                 HON'BLE MRS. JUSTICE MITALI THAKURIA
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                                        ORDER

29-08-2025

Heard Mr. S. Ali, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent.

This is an application under Section 438 read with Section 528 of the BNSS challenging the order dated 20.06.2025, passed by the learned JMFC, Kamrup (M) in G.R. Case No. 10075/2014, whereby the case was fixed for consideration of charge.

Issue notice to the respondent.

As the respondent No.1 is represented by the learned Additional Public Prosecutor, no formal notice need be issued. However, petitioner shall serve requisite extra copies during the course of the day.

Petitioner shall also take steps for service of notice on the respondent No.2 by Registered post with A/D as well as through usual process.

Call for the TCR.

Heard on interim relief.

It is submitted by Mr. Ali, learned counsel that the present petitioner is innocent and he has not committed any such offence as alleged in the FIR.

It is an admitted fact that a civil suit is pending before the Civil Judge No.2 (Senior Division), Kamrup (M), Guwahati and it is basically a civil suit, wherein an agreement was executed by the present petitioner in favour of the respondent No.2 proposing the sale of a plot of land.

He further submitted that without considering these aspects and also without considering the judgments and materials placed by the petitioner, the order has been passed by the learned JMFC, Kamrup(M).

Accordingly, it is submitted by Mr. Ali, learned counsel that further proceeding may be Page No.# 3/3

stayed till disposal of the case.

Mr. Sarma, learned Addl. PP raised objection and submitted that there may be a civil dispute between the parties, but there are allegation of cheating brought by the respondent No. 2 and accordingly, the learned Trial Court made an elaborate discussion and passed the order.

Heard the submissions made by the learned counsel for the parties and considering the annexures filed along with this petition and other aspects of the case, the further proceeding of G.R. Case No. 10075/2014 pending before the Court of learned JMFC, Kamrup (M) against the present petitioner is hereby stayed, till next date of listing of the matter.

Further the order dated 20.06.2025, passed by the learned JMFC, Kamrup (M) in G.R. Case No. 10075/201 is also stayed.

List this matter after 4 (four) weeks.

JUDGE

Comparing Assistant