Remanded

Rakesh Kumar Paul v. the State of Assam and 1 Anr.

Gauhati HC3 Nov 2021Crl.Rev.P./198/2021

Case brief

AI extract

What is this about?

In two criminal revision petitions concerning the rejection of a prayer for joint trial of multiple pending cases, the High Court remitted the matter to the trial court, directing it to examine the plea of joinder of charges and trial after hearing parties.

What did the court decide?

Petitioners directed to file a proper petition for joinder of charges and joint trial before the trial court within 15 days; orders interfered to that extent.

Rakesh Kumar Paul Vs the State of Assam and 1… — Civil Procedure and Limitation | Gauhati HC (2021)

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GAHC010085512021

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

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Case No. : Crl.Rev.P./198/2021

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RAKESH KUMAR PAUL

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SON OF LATE RANJIT KUMAR PAUL, RESIDENT OF HOUSE NO. 47, SHAKTIGARH, PATH, P.S. BHANGAGARH, DIST. KAMRUP (M), PIN-781032.

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VERSUS

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

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2:SHRI ARUP KUMAR NATH S/O GIRISH CHANDRA NATH R/O MADHUPUR NAGAON P.S. NAGAON (SADAR) DIST. NAGAON PIN-782001, ASSA

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Advocate for the Petitioner : MR F KHAN

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Advocate for the Respondent : PP, ASSAM

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Linked Case : Crl.Rev.P./197/2021

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RAKESH KUMAR PAUL SON OF LATE RAJIT KUMAR PAUL R/O HOUSE NO. 47 SHAKTIGARH PATH P.S. BHANGAGARH DIST. KAMRUP (M) PIN-781032

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE SPECIAL PP ASSAM

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2:SHRI SHON KUMAR BAISHYA S/O LT. DEVI RAM BAISHYA R/O VILL- JAGARA P.O./P.S. JAGARA DIST. NALBARI ASSAM -----------Advocate for : MR F KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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03.11.2021.

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Both the petitions are taken up together as the relief sought for are similar in both the cases and by the same person.

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Heard Mr. F. Khan, learned counsel for the petitioner as well as Mr. M. Phukan, learned Addl. P.P., Assam, appearing for the State/respondent.

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The petitioner herein has been arrayed as accused in: (1) CID P.S. Case No.27/2018, pertaining to Special Case No.4/2021, (2) Dispur P.S. Case No.145/2017, pertaining to Special Case No.8/2020, (3) Dibrugarh P.S. Case No.936/2016, pertaining to Special Case No.2/2017 and (4) Bhangagarh P.S. Case No.159/2017, corresponding to Special Case No.5/2021, under Sections 120B/420 of the IPC, read with Section 17/13/(1)(a)(d)(iii)(2) of Prevention of Corruption Act, 1988 and all the cases are now pending for trial before the learned Special Judge, Assam.

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The petitioner herein has filed a petition under Section 219/220 of the CrPC, praying for joint

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trial of the Dispur P.S. Case No.145/2017, pertaining to Special Case No.8/2020 along with the Dibrugarh P.S. Case No.936/2016, pertaining to Special Case No.2/2017 and the learned trial Court rejected the same by the order dated 18.03.2021.

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Challenging the said order dated 18.03.2021, the Crl. Revision Petition No.198/2021 and challenging the order dated 24.06.2021, framing charge, the Crl. Revision Petition No.197/2021 has been preferred, with the submission that the joint trial of all the cases, mentioned above be conducted by the trial Court, as the accused is facing same sort of allegations in all the cases and separate charges and separate convictions of the accused person in every case may entail judicial complicacies.

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Heard the learned counsel for the petitioner on the above issues and it is to be noted that the accused is facing the trial before the same Court with almost similar accusation.

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In the order dated 18.03.2021, prayer was made for joint trial of two cases i.e. Dispur P.S. Case No.145/2017, pertaining to Special Case No.8/2020 along with the Dibrugarh P.S. Case No.936/2016, but now the petitioner has added another prayer for joint trial of all other cases also.

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The learned counsel for the State respondent has submitted that all the matters pertain to different Districts and the set of witnesses are also different and the cases are pending for trial before the same Court.

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On due consideration of the matter in entirety, it appears that as the matters are pending before the same Court against the same accused, with similar accusation, the prayer of the petitioner needs to be examined in proper perspective of law, as has been prayed for in the present two petitions.

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The learned trial Court is in a position to examine the matter, as all the cases are pending before the same Court. It is seen from the order dated 18.03.2021, there is no elaborate discussion on the legal aspects of the matter.

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Accordingly this Court is of the considered opinion that the matter can be placed by the petitioner afresh before the learned trial Court.

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Considering all entirety, as observed above, both the petitions are disposed of with a direction

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to the petitioner to file a proper petition before the trial Court within short period, preferably with 15 days from today, as has been averred in the present petitions, for joinder of charges and joint trial of above cases and the learned trial Court will decide the matter, having regard to the settled propositions of law and after hearing the parties.

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The orders dated 18.03.2021 and 24.06.2021, are interfered to that extent and there will be no stay of the proceedings.

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JUDGE

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Comparing Assistant

Rakesh Kumar Paul v. the State of Assam and 1 Anr.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Paul v. the State of Assam and 1 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

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