Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 16102 (GAU)

BAPPA GHOSH v. THE STATE OF ASSAM

I.A.(Crl.)/755/2025 · 2025-07-21

Mridul Kumar Kalita

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010156452025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/755/2025 BAPPA GHOSH S/O RANJIT GHOSH, RESIDENT OF VILLAGE CHATAI CHAPARI, NEAR LOKNATH MANDIR, PO KALIABHOMORAH, PS TEZPUR, DIST SONITPUR, ASSAM 784001 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S C BISWAS, MS. S. CHANDA,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 22.07.2025 1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 2. This interlocutory application has been filed by the petitioner, namely, Bappa Ghosh in connection with Criminal Petition No. 155/2025 which was disposed of by this Court by its order dated 24.02.2025. Page No.# 2/3 3. The learned counsel for the petitioner has submitted that by order dated 24.02.2025 passed in Criminal Petition No. 155/2025, the petitioner was directed to appear before the Trial Court, i.e., the Court of the learned Chief Judicial Magistrate, Sonitpur in PRC Case No. 2215/2022 on 06.03.2025. It was also directed in that order that the warrant of arrest issued by the said Court against the petitioner shall remain suspended till 06.03.2025. 4. The learned counsel for the petitioner has submitted that that the PRC Case No. 2215/2022 was transferred to the Court of learned Judicial Magistrate First Class, Smt. J. Devi and the next date of the case was fixed on 09.06.2025. However, the petitioner lost all contact with his engaged counsel as the engaged counsel of the petitioner fell sick due to blood cancer and was immediately rushed to Kolkata for chemotherapy. It is further submitted by the petitioner that the order of the High Court passed on 24.02.2025 in Criminal Petition No. 155/2025 could not be communicated to the petitioner due to the aforesaid facts. 5. The learned counsel for the petitioner has submitted that that the petitioner being unaware of the order of this Court passed in Criminal Petition No. 155/2025 has prayed for modifying the order dated 24.02.2025 passed in Criminal Petition No. 155/2025 to the extent of extending the time for appearance before the Trial Court. 6. I have considered the submissions made by the learned counsel for the petitioner. 7. Considering the grounds mentioned by the petitioner, it appears that the petitioner was unaware of the date of appearance before the Trial Court and considering the fact that his engaged counsel has been suffering from blood Page No.# 3/3 cancer which resulted into the communication gap between him and the petitioner, this interlocutory application is allowed for the ends of justice and the time mentioned in the order dated 24.02.2025 as in Criminal Petition No. 155/2025 for appearance before the Trial Court is hereby extended. 8. The above named petitioner is directed to appear before the Trial Court on or before 1st of August, 2025 in PRC Case No. 2215/2022. 9. This interlocutory application is accordingly disposed of. JUDGE Comparing Assistant