Gauhati High Court
Abdus Salam Miah vs The State Of Assam And Anr on 3 June, 2024
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GAHC010108622024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./632/2024
ABDUS SALAM MIAH
S/O EMAN ALI, R/O VILL- BOYZER ALGA, PT-III, P.O.-NAYERALGA, P.S.-
BILASIPARA, DIST- DHUBRI, ASSAM, PIN-783348
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:RATAN CH. SUTRADHAR
S/O LT. DAYAL CH. SUTRADHAR
R/O WARD NO. 6
GOALTULI
P.O.-GOALPARA
P.S.-GOALPARA
DIST- GOALPARA
PIN-78310
Advocate for the Petitioner : MR. M U MONDAL
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 03.06.2024 Heard Mr. A. Alim Sk., learned counsel for the petitioner Abdus Salam Miah.
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2. The petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 with a prayer for quashing the entire proceeding of PRC No. 1290/2023 arising out of Bilasipara Police Station Case No. 230/2023 (GR Case No. 419/2023) under Sections 166/468/471/506 of the Indian Penal Code, 1860.
3. It is submitted on behalf of the petitioner that he has failed to produce certain documents called for by this Court as he has lost the documents and Annexure - 8 will prove that the petitioner has failed to produce the documents as he has lost the relevant documents.
4. Heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent No. 1.
5. The learned Additional Public Prosecutor has accepted notice on behalf of the respondent No. 1, so no formal notice is required to be issued to respondent No. 1. However, sufficient copies to be furnished during the course of the day.
6. Issue notice to respondent No. 2 by registered post with A/D as well as by usual process, returnable on 25.06.2024.
7. Meanwhile call for the scanned copies of the Trial Court Records along with the scanned copies of the Case Diary.
8. The petitioner may take adjournment for one date in the learned Trial Court.
9. List the matter on 25.06.2024.
10. The prayer of interim stay will be considered on the next date fixed.
JUDGE Page No.# 3/3 Comparing Assistant