THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.

Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI Page No.# 2/3 Date : 06.06.2023 ORDER Heard Mr. S. Rahman, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent No. 1. The petitioner Habibor Rahman Mondal @ Habibor Rahman has filed this application under Section 482 Cr.P.C. for quashing the Charge Sheet No. 349/2020 dated 31.12.2020 in connection with PRC Case No. 245/2022 (Corresponding to Gossaigaon P.S. Case No. 388/2020) under Sections 120B/ 498A/ 294/ 376/468/506 IPC, pending in the Court of the learned Sub-Divisional Judicial Magistrate, Gossaigaon. It is submitted by the learned counsel for the petitioner that the warrant of arrest was issued against the petitioner as the petitioner has been shown as absconder in the charge sheet and the petitioner is apprehending arrest. Under such back drop, the petitioner may be given interim protection. The learned Addl. PP has made no objection on the prayer of the petitioner. Scanned copy of the record is received. From the record, it reveals that summons was earlier issued to the petitioner but he did not appear before the court. Subsequently, warrant of arrest was issued. However, considering the facts and circumstances of the case, as well as considering the fact that the petitioner is now not pressing the petition for quashing the charge sheet, this criminal petition is disposed of with a direction to the petitioner to appear before the court of the Sub-Divisional Judicial Magistrate, Gossaigaon within 15 (fifteen) days from today and seek regular bail. On filing such application, the learned SDJM, Gossaigaon shall consider the Page No.# 3/3 prayer of the petitioner in accordance with law. Till such period, warrant of arrest be kept in abeyance. JUDGE Comparing Assistant