The Gauhati High Court allowed an application seeking an extension of time for the petitioner to appear before the Investigating Officer. The petitioner cited lack of communication as the reason for non-appearance within the stipulated period.
Allowed the petitioner another five days' time to appear before the Investigating Officer.
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GAHC010201142021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/525/2021 In AB No. 3511/2021
NURUL HOQUE SARKAR
S/O- ABDUL MOZID SARKAR, R/O- VILL.-ASHARIKANDI, P.O. ASHARIKANDI, P.S. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P. , ASSAM.
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
01.12.2021
By this application, the petitioner has sought for extension of time to appear before the IO, in terms of order dated 29.10.2021, passed in AB No. 3511/2021.
Heard the submissions of learned counsel for both the parties.
Learned counsel for the petitioner has submitted that due to lack of communication between the parties, the matter could not be communicated to the petitioner, as a result of which, he could not appear before the IO, within 10 days from the date of order. The
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learned counsel for the petitioner submits that the petitioner has undertaken to appear before the IO.
Accordingly, he is allowed another 5 (five) days’ time to appear before the IO. Interlocutory Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an extension of time to appear before the Investigating Officer should be granted due to lack of communication?
Nurul Hoque Sarkar
The State of Assam Represented by the P.P. , Assam
Rumi Kumari Phukan
As recorded by the court registry
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