Nilotpal Nath v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010236982024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./1391/2024o NILOTPALoNATHo S/OoJITENDRAoKUMARoNATHo R/OoHOUSEoNO.o6,oUDAYANoPATH-1,o JAYANAGAR,oP.S.oBASISTHA,oGUWAHATI-29,oDIST.oKAMRUPo(M),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPP,oASSAM 2:M/SoMUKESHoHYUNDAI oREPRESENTEDoBYoSRIoSAURABHoMODI oTHEoGENERALoMANAGER oKUSHANoPLAZA oGANESHGURI oP.S.oDISPUR oDIST.oKAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oKoKoHANDIQUE,oMSoMoBORA,MR.oJoSINGHo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo

20.11.2024 o Page No.# 2/3

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

¶2This 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.

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

¶4Learned Additional Public Prosecutor has accepted notice on behalf of the respondent no. 2, and thus no formal notice is required to be issued.

¶5It 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. Page No.# 3/3

¶6I 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.

¶7It is further submitted that there is every possibility that the petitioner will amicably settle the dispute with the respondent no. 2/ complainant.

¶8Till 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.

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

JUDGE Comparing Assistant