Page No.# 1/4 GAHC010235872024 2025:GAU-AS:101 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1362/2024 CHUNU KR MAHATO S/O BINDESHAR MAHATO PERMANENT RESIDENT OF WARD NO 3, JIMISINGH TOLA LALGARH YOGIYA, DUMRI SHEOHAR,P.O. LALGAR, P.S. SAYAMPUR BHATAHA DIST. SHEOHAR, BIHAR PIN NO. 843329. PRESENTLY RESIDING AT- HOUSE NO. 282, KUDA, C KHEL, DIMAPUR, P.O. KUDA P.S. WEST POLICE STATION, NAGALAND, PIN NO. 797112 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PP, ASSAM 2:THE SUPERINTENDENT OF POLICE KARBI ANGLONG DIPHU ASSAM PIN NO. 782460 3:THE OFFICER-IN-CHARGE OF DILLAI POLICE STATION DILLAI KARBI ANGLONG ASSAM PIN NO. 782480 Page No.# 2/4 ALL THE REPRESENTED BY PP Advocate for the Petitioner : MR. N K MURRY, P HAJONG,S DEB,MS S.DAS,MS P TOKBIPI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 06.01.2025 Heard Mr. J. U. Ahmed, learned counsel appearing on behalf of Mr. N. K. Murry, learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor, Assam, for the State respondent No. 1. 2. This is an application under Section 482 of the Code of Criminal Procedure, 1973, read with Section 227 of the Constitution of India, praying for a direction to the Superintendent of Police, Karbi Anglong, Diphu, Assam [in short ‘S. P.’], to release the custody of areca nuts that were seized in connection with Dillai P.S. GDE No. 135/2023, dated 07.04.2023, subsequently registered as Dillai P.S. Case No. 29/2023, under Sections 420/379/411 of the IPC, dated 07.04.2023 (G.R. Case No. 146/2023), which is currently registered as PRC Case No. 78/2023, pending before the Court of the learned Judicial Magistrate First Class, Bokajan, Karbi Anglong, Assam. 3. It is submitted by Mr. Ahmed, learned counsel for the petitioner, that in compliance with the order dated 06.03.2024 passed in Criminal Petition Case No. 226/2024, the petitioner moved an application before the learned Trial Court, and the said Court, accordingly, vide order dated 14.03.2024, called for a Page No.# 3/4 report from the Superintendent of Police, fixing 01.04.2024 for the report. However, till date, the report has not yet been received from the concerned S.P., and hence the petitioner filed the instant petition praying for a direction to the learned Trial Court for the speedy disposal of the said petition. 4. In this regard, Ms. Borah, learned Additional Public Prosecutor, has submitted that the learned Trial Court rightly passed the order directing the concerned S.P. to submit the report. In this context, the said Court also issued reminders, etc., for calling the report, although the same has not been submitted by the concerned S.P. Thus, she accordingly submitted that a direction may be given to the learned Trial Court for the speedy disposal of the petition. 5. After hearing the submissions made by the learned counsels for both sides, I have perused the case record. It is seen that the learned Trial Court had rightly passed the order for obtaining the report from the concerned S.P., and apart from issuing a reminder on 15.07.2024, the Trial Court also issued a notice to the concerned S.P., stating that if the report is not submitted, necessary orders will be passed as per the law. Thus, it is seen that no illegality or irregularity has been committed by the learned Trial Court. Instead, the said Court took necessary steps for obtaining the report from the concerned S.P. 6. Considering the submissions made by the learned counsels for both sides, the learned Trial Court is hereby directed to expedite the disposal of the petition after obtaining the report from the concerned S.P. and also to make an endeavor to obtain the report from the S.P. Page No.# 4/4 7. With the above observations, this petition stands disposed of. JUDGE Comparing Assistant