Dismissed

Dr. Partha Sarathi Acharjee v. the State of Assam and Anr.

Gauhati HC5 Mar 2019Crl.Pet./88/2019

Case brief

AI extract

What is this about?

The petitioner, an accused on bail, filed a criminal petition seeking a direction to expedite trial due to remote location causing hardship. The Court held that without specific plea of delay, an omnibus direction is not possible and directed the petitioner to approach the trial Court under Section 205 Cr.P.C.

What did the court decide?

Leave granted to petitioner to make application under Section 205 Cr.P.C. before the trial Court.

Dr. Partha Sarathi Acharjee Vs the State of… — Civil Procedure and Limitation | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010015592019

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THE GAUHATI HIGH COURT

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

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Case No. : Crl.Pet. 88/2019

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1:DR. PARTHA SARATHI ACHARJEE

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S/O LATE PRANGOPAL ACHARJEE, R/O UPPER BABUPATTY, PS AND PO LUMDING, DIST. HOJAI, ASSAM, PIN-782447

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VERSUS

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

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2:HAMI BORDOLOI D/O LATE GOPAL BORDOLOI R/O VILLAGE BETONIJHAR PO SALONIBARI PS TEZPUR DIST. SONITPUR ASSAM PIN-78410

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Advocate for the Petitioner : ALHAJJ INAM UDDIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 05-03-2019

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Heard Mr. A.I. Uddin, learned counsel for the petitioner. I have also heard Mr. B.B. Gogoi, learned APP, Assam, appearing for the State.

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Perused the order dated 28/01/2019 passed by this Court as well as the order dated 28/02/2019

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Page No.# 2/2

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passed by the learned trial Court.

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This criminal petition has been filed with a prayer to issue a direction upon the learned Court below to expedite and conclude the trial of the case pending before the Court below in a time bound manner. The basic ground on which such a prayer has been made is that the accused /petitioner is posted in a remote location in Hojai District and therefore, appearance before the trial Court on each occasion is posing undue hardship for him. From the order dated 28/02/2019, it appears that the matter is fixed for adducing evidence by the prosecution side but the PWs were absent. It also appears that the accused was also absent on the previous date.

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The trial before the learned Court below is under progress in connection with GR Case No. 2705/2016. In the absence of any specific plea taken by the petitioner demonstrating unusual delay in the trial of the case, it is not possible for this Court to issue an omnibus order directing conclusion of the trial in a time bound manner.

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Since the grievance of the petitioner pertains to the difficulties faced by him on account of day to day appearance before the learned Court below and considering the fact that the petitioner is already out on bail, I am of the view that the proper remedy of the petitioner would lie under Section 205 of the Cr.P.C.

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Therefore, granting leave to the petitioner to make appropriate application before the learned Court below, if so advised, this criminal petition stands disposed of at the motion stage as not maintainable.

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JUDGE

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Sukhamay

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Comparing Assistant

Dr. Partha Sarathi Acharjee v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Dr. Partha Sarathi Acharjee v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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