Disposed

Sunil Kumar Sikaria and 2 Ors. v. the State of Assam and Anr.

Gauhati HC10 Nov 2021I.A.(Crl.)/152/2021

Case brief

AI extract

What is this about?

The Court disposed of an interlocutory application regarding a stay order in a criminal case. The petitioner sought to enforce the stay in the trial court. The Court directed the petitioner to file an application in the trial court to stay proceedings and dismissed the application finding no further immediate interference necessary.

What did the court decide?

Direction to petitioner to file an application in the trial court to stay proceedings; Application disposed of.

Sunil Kumar Sikaria and 2 Ors. Vs the State of… — Writ and Judicial Review | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010046412021

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

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Case No. : I.A.(Crl.)/152/2021

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SUNIL KUMAR SIKARIA AND 2 ORS.

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S/O. LATE BISHWANATH SIKARIA, R/O. W/NO. 5, SANTIPUR, RANGIA, P.O. AND P.S. RANGIA, DIST. KAMRUP, ASSAM, PIN-781354

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2: NIRMAL KUMAR SIKARIA S/O LATE BISWANATH SIKARIA R/O WARD NO. 5 SANTIPUR RANGIA P.S. AND P.O.-RANGIA DIST-KAMRUP ASSAM PIN-781354

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3: MUKESH KUMAR BAJAJ S/O LATE SARWAN KUMAR BAJAJ R/O WARD NO. 5 SANTIPUR RANGIA P.S. AND P.O.-RANGIA DIST-KAMRUP ASSAM PIN-78135

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VERSUS

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

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2:SMT. RANJITA DAS W/O SRI MANAI DAS R/O VILL-TULSIBARI P.O.-RANGIA DIST-KAMRUP

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Page No.# 2/2

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ASSAM PIN-78136

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Advocate for the Petitioner : MR. S CHAMARIA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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10-11-2021

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The applicant is represented by Mr. S. Chamaria, learned counsel.

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The State respondent No.1 is represented by Ms. S.H. Bora, learned Additional Public Prosecutor.

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This interlocutory application has been filed by the petitioner contending, inter alia, that this Court had passed an order staying the further proceedings of Rangia Police Station case No. 716/2018 vide order dated 25.06.2019 and thereafter extended the stay from time to time.

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It has been submitted by the learned counsel for the petitioner that in spite of the said stay order, the learned trial court has been proceedings with the case.

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In such a situation, this Court is of the view that the petitioner shall furnish a copy of the stay order and order extending the same from time to time before the trial court with an appropriate application not to proceed further until further order in criminal petition No. 234/2019, pending before this Court.

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On such application being filed, the learned trial court shall pass appropriate order.

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In the event, the petitioner is still aggrieved by any order to be passed, the petitioner is at liberty to approach this Court with the above observation and direction, the application is disposed of.

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JUDGE

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Comparing Assistant

Sunil Kumar Sikaria and 2 Ors. v. the State of Assam and Anr.

Case brief

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Sunil Kumar Sikaria and 2 Ors. v. the State of Assam and Anr.

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