Page No.# 1/3 vs The State Of Assam And Anr on 20 January, 2025

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And Anr on 20 January, 2025

                                                                    Page No.# 1/3

GAHC010006022025




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

                           Case No. : Crl.Pet./44/2025




         KUMAR UDAYAN BAISHYA AND 2 ORS
         S/O GHNASHYAM BAISHYA
         R/O VILL- KALBARI, P.O. JAMUGURI AND P.S. ORANG, DIST. UDALGURI,
         ASSAM-784114

         2: SRI GHANASHYAM BAISHYA
          S/O LATE MADHAB BAISHYA
          R/O VILL- KALBARI
          P.O. JAMUGURI AND P.S. ORANG
          DIST. UDALGURI
         ASSAM-784114

         3: SMTI. RUPANJALI BAISHYA
          W/O GHANASHYAM BAISHYA
         R/O VILL- KALBARI
         P.O. JAMUGURI AND P.S. ORANG

         DIST. UDALGURI
         ASSAM- 784114

         VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PP, ASSAM

         2:SRI DIPANKAR DEY SARKAR
          S/O SRI DULAL DEY SARKAR
         R/O VILL- BAJRAJHAR
          P.S. ROWTA
          DIST. UDALGURI
         ASSA
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Advocate for the Petitioner   : MR H K DAS, MR N K SARMA,MR SHREYAS DAS

Advocate for the Respondent : PP, ASSAM,




                                           BEFORE
                  THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
                                   ORDER

20.01.2025

1. Heard Mr. HK Das, learned counsel for the petitioners. Also heard Mr. KK
Das, learned Additional Public Prosecutor, Assam.

2. The present application is filed under Section 528 of BNSS, 2023 seeking
quashment of Rowta PS case No. 80/2022 dated 04.09.2022 registered under
Section 120(B)/420/506 IPC.

3. Perused the FIR and it is apparently seen that the petitioner No. 1 is an
employee under Growin Pvt. Ltd. and the petitioner Nos. 2 and 3 are the father
and mother of the petitioner No. 1. From the material available on record
subject to further consideration after perusal of the case diary, this court is of
the prima-facie view that the petitioners have been able to make out a case for
exercise of this court’s power under Section 528 BNSS, 2023.

4. Accordingly, issue notice, returnable on 20.02.2025.

5. Mr. KK Das, learned Additional Public Prosecutor, Assam accepts notice on
behalf of respondent No. 1. The petitioners shall take steps for issuance of
notice upon the respondent No. 2 both by way of registered post with A/D and
usual process within a period of one week from today.

6. Registry to call for the scanned copy of the case record of GR case No.
560/2022 from the court of learned Chief Judicial Magistrate, Udalguri along
with the case diary of Rowta PS case No. 80/2022.

7. Considering the matter in its entirety, it is provided that till the returnable
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date, the further proceeding of GR case No. 560/2022 pending before the
learned Chief Judicial Magistrate, Udalguri shall remain suspended.

JUDGE

Comparing Assistant