Raktim Das vs The State Of Assam And Anr
2025 Latest Caselaw 3497 Gua

Gauhati High Court

Raktim Das vs The State Of Assam And Anr on 25 February, 2025

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GAHC010033852025




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

                                  Case No. : Crl.Pet./211/2025

            RAKTIM DAS
            S/O SRI ABONI DAS, R/O MELAMATI KAKATIKURI, P.S.-TITABAR, DIST-
            JORHAT, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:CHAYANIKA DAS
             D/O MOON DAS
             R/O BIBIJAN RANGDOI GHAT
             P.O. AND P.S.- TITABAR
             DIST- JORHAT
            ASSA

Advocate for the Petitioner    : MR A TEWARI, MS. M BAISHYA,MS. K HAZARIKA,MS. N
PODDAR

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                           ORDER

Date : 25.02.2025

1. Heard Mr. A. Tewari, the learned counsel for the Page No.# 2/3

petitioner. Also heard Mr. D. Das, the learned Additional Public Prosecutor for the State.

2. This application under Section 528 of BNSS, 2023 has been filed by the petitioner namely, Raktim Das praying for quashing of the FIR as well as the entire criminal proceeding of PRC Case No. 1/2025 presently pending before the court of learned Sub-Divisional Judicial Magistrate, Titabor.

3. Issue notice to the respondent no.2.

4. The petitioner shall take steps for issuance of notice upon respondent no.2 by registered post with AD as well as by usual mode within 3(three) days from the date of this order returnable on 28.03.2025.

5. Let also the scanned copy of the Case Diary of the Titabor P.S Case No. 110/2024 be call for.

6. The Registry shall take steps for requisitioning of the scanned copy. List accordingly.

7. The learned counsel for the petitioner has cited rulings of the Apex Court in the case of Shiv Pratap Sing Rana Vs. State of Madhya Pradesh reported in 2024 7 SCR 8 as well as that of Lalu Yadav Vs. State of Uttar Pradesh and another reported in 2024 INSC 782 and submits that this judgment squarely covers the case of the petitioner and hence prays for interim stay of the criminal proceeding pending against the petitioner.

8. I have considered the submissions made by the learned counsel for the petitioner on his prayer for interim stay. However, this Page No.# 3/3

court is of the considered opinion that the victim is entitled to be heard before interim stay is granted under the facts and circumstances of this case.

9. Hence the prayer for interim relief would be considered only after due service of notice to the victim.

JUDGE

Comparing Assistant