BASHISTHA SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears on call for the petitioner. However, Mr. P.S. Lahkar, learned A.P.P. appearing for State is present.

(2.) By an interim order dtd. 22/10/2019 passed in this petition, this Court had stayed the trial of GR Case No. 12657/2015. On and from the immediate next two successive dates of listing on 20/3/2020 and 30/4/2020, the petitioner had remained absent. Hence, the Court deemed it fit to dispose of the petition on merit.

(3.) By this application under Sec. 482 Cr.P.C., the petitioner- accused, who claims to be a practicing advocate, has assailed (i) the charge sheet no.104/2015 dtd. 30/11/2015 submitted in GR Case No. 12657/2015 under Sec. 379 IPC, and (ii) the order dtd. 5/12/2015 passed by the learned Chief Judicial Magistrate, Kamrup (M), Guwahati in the said case, thereby taking cognizance of the offence and issued summons to petitioner. As per the F.I.R. dtd. 20/11/2015, the petitioner is stated to have taken the judicial/ case record of GR Case No. 438/2013 from the peon of the Court of the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati for perusal and then suddenly disappeared with the said judicial record. It was stated that although two office staff of the said learned court followed him but he disappeared without any trace. The police registered a case, being Panbazar P.S. Case No. 369/2015, and upon investigation, finding prima facie materials against the petitioner, charge-sheet No. 104/2015 dtd. 30/11/2015 was submitted before the learned trial Court. Accordingly, on the basis of materials available on record, the learned Chief Judicial Magistrate, Kamrup (M), Guwahati took cognizance of the offence committed by the petitioner vide order dtd. 5/12/2015.