JAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the petitioner and Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam for the respondent No. 1 State.

(2.) Petitioner, namely, Sri Jakir Hussain, a Junior Engineer of the State Government, is an FIR named accused in North Lakhimpur Police Station Case No. 517/2009 registered under Section 409/420 IPC, re-registered as Panigaon Police Station Case No. 80/2013 corresponding to G.R. No. 669/2013 and also a charge sheeted accused in the said case for mis-appropriation of public fund. After filing of Charge sheet in the case, learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur by his order dated 18.02.2014 transferred the said GR Case No. 669/2013 to the Court of learned Sub-Divisional Judicial Magistrate, North Lakhimpur for disposal, who in turn on 04.03.2014 took cognizance of the offences under Sections 409/420 IPC against the petitioner in said G.R. Case No. 669/2013 and issued summons to him for his appearance in the matter.

(3.) On 04.07.2017 learned CJM, Lakhimpur, North Lakhimpur transferred the said G.R. Case No. 669/2013 to the Court of learned Additional Chief Judicial Magistrate, Lakhimpur, North Lakhimpur from the Court of learned SDJM, North Lakhimpur, for favour of disposal and since then, the said GR Case is pending for disposal before learned Addl. CJM, North Lakhimpur.