STATE OF ASSAM Vs. CHANDAN BARUAH

JUDGEMENT

(1.) HEARD Mr. K. C. Mahanta, learned Public Prosecutor, Assam, appearing on behalf of the petitioner/state of Assam. Office notes indicate that although this application has been filed in the year 2003 on 27. 8. 2003, proper steps, despite direction from this Court as well as Registry, have not yet been taken and as such this Court has to proceed with this application without the presence of the Respondent.

(2.) THE petitioner /state of Assam has filed this application under Section 439 (2) read with Section 401 of the Code of Criminal Procedure, 1973 (for short, 'cr. P. C. '), seeking interference with the Order dated 27. 6. 03 passed by this Court (Saikia, J.) in Bail Application No. 1693/03 wherein the respondent was granted the privilege of anticipatory bail in connection with Majuli Police Station Case No. 33/03 under Section 409 IPC.

(3.) ON close perusal of the Office notes of different dates, it would candidly reveal that the case has been pending since 2003 for want of service on the sole respondent. In the last order dated 6. 12. 07, this Court directed the petitioner to take fresh steps by citing proper name and address of the respondent. However, till date no proper name and address has been furnished as revealed from the latest Office notes dated 14. 7. 08 and 2. 9. 08.