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Nripen Chandra Nath Vs State of Assam and Anr On 29 Apr 2024

The document discusses a criminal petition filed in the Gauhati High Court regarding a trial where the investigating officer has not appeared to testify after being summoned for over two years, causing delay in the trial. The court notes the significant delay and wants instructions from the Director General of Police on the state's prosecuting policy to address such situations.

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125 views2 pages

Nripen Chandra Nath Vs State of Assam and Anr On 29 Apr 2024

The document discusses a criminal petition filed in the Gauhati High Court regarding a trial where the investigating officer has not appeared to testify after being summoned for over two years, causing delay in the trial. The court notes the significant delay and wants instructions from the Director General of Police on the state's prosecuting policy to address such situations.

Uploaded by

SandeepPamarati
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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GAHC010082922024

THE GAUHATI HIGH COURT


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

Case No. : Crl.Pet./479/2024

NRIPEN CHANDRA NATH


S/O LATE SASTHA RAM NATH
RESIDENT OF SENCHOWA, PO SENCHOWA, PS NAGAON SADAR, DIST
NAGAON, ASSAM 782002

VERSUS

THE STATE OF ASSAM AND ANR


REPRESENTED BY PP ASSAM

2:SOUMITRA KR. BORAH


S/O SRI KIRAN CH. BORAH
POST MASTER
DHANSIRI POST OFFICE
PS DIPHU
DIST KARBI ANGLONG
ASSAM 78248

Advocate for the Petitioner : MR. A CHAUDHURY

Advocate for the Respondent : PP, ASSAM

BEFORE
THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER

29.04.2024

Heard Mr. B K Mahajan, learned counsel for the petitioner. Also heard Mr.
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BB Gogoi, learned Additional Public Prosecutor, Assam.

This is an application under Section 482 Cr.P.C. filed by an accused in GR


case No. 1059/2014 pending before the learned CJM, Karbi Anglong, Diphu with
a grievance that though he is facing trial, the investigating officer has not yet
appeared before the learned trial court to depose causing in delay in the trial.

The material discloses that the initial summon to appear and depose as
witness to the I/O was issued on 18.07.2022 and such date of appearance
continued till 30.03.2024. Thus, almost two years of delay has been caused only
for non-examination of investigation officer. Such situation cannot be allowed to
continue inasmuch as an accused is having right of speedy trial.

The aforesaid witness is a police official and therefore, this court would
like to have instruction as regards the prosecuting policy of the state in this
regard and also as to how they are proposing to deal with this kind of situation.

Accordingly, Mr. Gogoi, the learned Additional Public Prosecutor shall


obtain instruction from the Director General of Police, Assam. A copy of this
order be furnished to Mr. Gogoi, learned Additional Public Prosecutor.

List this matter on 03.05.2024.

JUDGE

Comparing Assistant

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