Page No.# 1/3 GAHC010276552024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1599/2024 MORZINA BEGOM D/O LATE SUHRAB ALI, R/O VILL- FAKALI, P.O.-DIGHALI, P.S.-RUPAHIHAT, DIST- NAGAON (ASSAM), PIN-782125 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:NURUL AMIN S/O LATE LUKMAN HEKIM @ LUKMAN ALI R/O VILL- FAKALI P.O.-DIGHALI P.S.-RUPAHIHAT DIST- NAGAON (ASSAM) PIN-782125 3:ANUWAR HUSSAIN S/O NURUL AMIN R/O VILL- FAKALI P.O.-DIGHALI P.S.-RUPAHIHAT DIST- NAGAON (ASSAM) PIN-78212 Advocate for the Petitioner : MR A KHANIKAR, R L CHUTIA,MR. P KONWAR Advocate for the Respondent : PP, ASSAM, MR. B K BHAGAWATI (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 04.02.2025 Heard Mr. A. Khanikar, learned counsel for the petitioner; Mr. K.K. Parasar, learned Additional Public Prosecutor for the State, respondent No. 1; and Mr. B.K. Bhagawati, learned counsel for the respondent No. 2. 2. In this petition, under Section 528 of the BNSS, the petitioner has prayed for issuing direction to the learned Special Tribunal (Additional Sessions Judge No. 2, Nageon) to dispose of the Special Land Grabbing Case no. 14/2022, in a time bound manner. 3. Mr. Khanikar, learned counsel for the petitioner submits that the Special Land Grabbing Case no. 14/2022 was instituted in the year 2022 and the learned trial court had taken cognizance on 26.09.2022. 3.1. Mr. Khanikar further submits that there is a provision under Sub-Section 8 to Section 8 of the Assam Land Grabbing (Prohibition) Act, 2010, wherein it is provided that every case under Sub-Section 1 shall be disposed of by the Special Tribunal as far as possible within a period of twelve months from the date of institution of the case before it and a proceeding under Sub-Section 6 shall be disposed of as far as possible within a period of six months from the date of framing of the charges against the person or persons responsible for alleged commission or abetment of the offence punishable under this Act. 3.2. Mr. Khanikar also submits that as the learned trial court failed to adhere to the time line fixed in the said Act, this court may dispose of this petition by directing the learned trial court to follow the time line prescribed in Section 8 of the Act in disposing of the case pending before it. Page No.# 3/3 4. On the other hand, Mr. Parasar, learned Additional Public Prosecutor for the State, respondent No. 1 and Mr. Bhagawati, learned counsel for the respondent No. 2 have submitted that they have no objection in the event of directing the learned trial court to adhere to the time line fixed under Sub-Section 8 to Section 8 of the Act. 5. Having considered the submissions of learned counsel for both the parties and also considering all the facts and circumstances and further considering the fact that more than 2 years have been elapsed since the case was instituted, this court is inclined to dispose of this petition by requesting the learned trial court, i.e. learned Additional Sessions Judge No. 2, Nagaon, to adhere to the time line prescribed under Sub-Section 8 to Section 8 of the Assam Land Grabbing (Prohibition) Act, 2010. 6. In terms of above, this petition stands disposed of. JUDGE Comparing Assistant