Sri Sandeep Garodia Vs Prakash Agarwala — Gauhati HC (2025) — LawSathi Research

Sri Sandeep Garodia Vs Prakash Agarwala — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

How the Court should deal with Interlocutory Application I.A.(Crl.)/778/2024 concerning the custodial detention of respondent Ishan Agarwala in Bhangagarh P.S. Case No. 31/2024, in view of the Investigating Officer's communication that such detention is no longer required for fair completion of investigation.

Court's answer

In view of the submissions made by the learned Additional Public Prosecutor (that the Investigating Officer had intimated that custodial detention of Ishan Agarwala was no longer required for fair completion of investigation of Bhangagarh P.S. Case No. 31/2024), the Court closed the Interlocutory Application.

Key takeaways

The Court directed that the Investigating Officer's communication dated 24.03.2025, placed before it by the learned Additional Public Prosecutor, be tagged with the record as part of the record.obiter¶37

Detailed headnote1 paragraphs

Gauhati High Court, order dated 07.04.2025 by Hon'ble Mr. Justice Mridul Kumar Kalita in I.A.(Crl.)/778/2024 - Sri Sandeep Garodia (authorised attorney holder of M/S Kameng Engineering, Bhalukpung, West Kameng District, Arunachal Pradesh) v. Prakash Agarwala, Ishan Agarwalla and The State of Assam. Hearing counsel: Mr. S. Borthakur (petitioner), Mr. K. K. Das, Additional Public Prosecutor (State respondent), and Mr. M. Khan (petitioner of AB Case No. 892/2024). The Additional Public Prosecutor submitted that he had received a communication from the Investigating Officer of Bhangagarh P.S. Case No. 31/2024 informing that the custodial detention of Ishan Agarwala was no longer required for fair completion of investigation of that case. On that basis the Court closed the Interlocutory Application and directed that the Investigating Officer's communication dated 24.03.2025 be tagged with the record. Linked cases noted on the file: I.A.(Crl.)/779/2024 (Sandeep Garodia v. Madhujya Das and State of Assam) and AB/1152/2024 (Madhujya Das v. State of Assam). No statutory provision or precedent case was cited in the order.

Page No.# 1/4

GAHC010166532024

undefined

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

Case No. : I.A.(Crl.)/778/2024

SRI SANDEEP GARODIA

S/O LATE RAMESHWARLAL GARODIA, AUTHORISED ATTORNEY HOLDER OF M/S KAMENG ENGINEERING, BHALUKPUNG,WEST KAMENG DISTRICT, ARUNACHAL PRADESH

VERSUS

PRAKASH AGARWALA

S/O BANSIDHARJI AGARWALA, RESIDENT OF HOUSE NO. 39, SETHIA HOUSE, FLAT NO. 301, 3RD FLOOR, OPP. SENEKUCHI, OLD FIRE BRIGADE LANE, CHATRIBARI, GUWAHATI, ASSAM 781008

2:ISHAN AGARWALLA

S/O PRAKASH AGARWALA RESIDENT OF HOUSE NO. 39 SETHIA HOUSE FLAT NO. 301 3RD FLOOR OPP. SENEKUCHI OLD FIRE BRIGADE LANE CHATRIBARI GUWAHATI ASSAM 781008

3:THE STATE OF ASSAM

REP BY THE PP ASSA

Advocate for the Petitioner : MR ARUP JYOTI HAZARIKA, MR. S BORTHAKUR,MR. S S ROY,MR.M.KHAN,MS. B S GOYAL,MR. A J HAZARIKA,MS. N RAJMEDHI,MS. P N SUMI

Advocate for the Respondent : PP, ASSAM,

Page No.# 2/4

Linked Case : I.A.(Crl.)/779/2024

SRI SANDEEP GARODIA S/O LATE RAMESHWARLAL GARODIA AUTHORISED ATTORNEY HOLDER OF M/S KAMENG ENGINEERING BHALUKPUNG WEST KAMENG DISTRICT ARUNACHAL PRADESH

VERSUS

MADHUJYA DAS S/O. ASHIT DAS VILL- SEUJ NAGAR PATHARKUCHI GUWAHATI BASISTHA DIST- KAMRUP(M) ASSAM

2:THE STATE OF ASSAM

REP BY THE PP ASSAM -----------Advocate for : MR ARUP JYOTI HAZARIKA Advocate for : PP ASSAM appearing for MADHUJYA DAS

Linked Case : AB/1152/2024

MADHUJYA DAS S/O. ASHIT DAS VILL- SEUJ NAGAR PATHARKUCHI GUWAHATI BASISTHA DIST- KAMRUP(M) ASSAM.

Page No.# 3/4

VERSUS

THE STATE OF ASSAM REP BY THE PP ASSAM

-----------Advocate for : MR. M KHAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

Date : 07.04.2025

Heard Mr. S. Borthakur, the learned counsel for the petitioner. Also heard Mr. K. K. Das, the Additional Public Prosecutor for the State respondent as well as Mr. M. Khan, learned counsel appearing for the petitioner of AB Case No. 892/2024.

Mr. K. K. Das, the Additional Public Prosecutor has submitted that he has received a communication from the Investigating Officer of the Bhangagarh P. S. Case No. 31/2024, inter-alia, informing him that the custodial detention of Ishan Agarwala is no longer required for fair completion of investigation of Bhangagarh P. S. Case No. 31/2024.

In view of the submissions made by the learned Additional Public Prosecutor, this Interlocutory Application is closed.

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Let the communication received from the Investigating Officer dated 24.03.2025, which has been placed before this Court by the learned Additional Public Prosecutor, be tagged with the record as a part of the record.

JUDGE

Comparing Assistant