SANTOSH KUMAR CHOUDHARY v. THE STATE OF ASSAM AND ANR.
I.A.(Crl.)/1077/2025 · 2025-11-24
Sanjeev Kumar Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26771 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26771 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010213712025
2025:GAU-AS:16007
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/1077/2025 SANTOSH KUMAR CHOUDHARY S/O- SRI SHIV SHANKAR CHOUDHURY, R/O- ASSAM POLICE HOUSING COMPLEX ZONE-1, ULUBARI, P.S- PALTAN BAZAR, GHY- 07 VERSUS THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM 2:ARNAB DEKA S/O- LATE BIJAY KR. DEKA COMMANDANT OF 11TH AP BATTALION DERGAON DIST. GOLAGHAT Advocate for the Petitioner : MR. A BHATTACHARJEE, Advocate for the Respondent : PP, ASSAM, Linked Case : Crl.Pet./399/2018 SANTOSH KR. CHOUDHURY S/O- SRI SHIV SHANKAR CHOUDHURY R/O- ASSAM POLICE HOUSING COMPLEX ZONE-1 ULUBARI P.S- PALTAN BAZAR GHY- 07
Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR.
REP. BY THE PP ASSAM 2:ARNAB DEKA S/O- LATE BIJAY KR. DEKA COMMANDANT OF 11TH AP BATTALION DERGAON DIST. GOLAGHAT. ------------ Advocate for : MR D DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER 25.11.2025
1. Heard Mr. A. Bhattacharjee, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State.
2. This interlocutory application has been preferred seeking appropriate directions in respect of the Charge-Sheet No.47/2025 dated 28.02.2025, which has been submitted, allegedly in violation of the subsisting interim order dated 03.05.2018, passed by this Court suspending further proceedings in Kokrajhar P.S Case No.132/2018.
3. It transpires from the record that by order dated 03.05.2018, passed in the connected Criminal Petition No.399/2018, this Court had stayed further proceedings in the aforesaid case till
Page No.# 3/3 the returnable date and subsequently, by order dated 25.01.2021, the interim order passed earlier was extended till the next date of listing. The case was not listed thereafter and hence, the interim
order was still subsisting when the charge-sheet came to be filed i.e. on 28.02.2025.
4. There is no dispute that the charge-sheet was filed despite the interim order passed by this Court being in force at the relevant time.
5. Accordingly, it is directed that further proceedings pursuant to the Charge-Sheet No.47/2025 dated 28.02.2025 in Kokrajhar P.S Case No.132/2018, shall remain stayed until further order.
6. Accordingly, this interlocutory application stands disposed of.
JUDGE
Comparing Assistant