THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
With the above directions, the petition stands disposed of
Provisions considered
Judgment
Advocate for the Petitioner : MR. S RANA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Operative part
21.03.2023 ORDER Heard Mr. S. Rana, learned counsel for the petitioner. Also heard Mr. DP Goswami, learned Addl. Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/3 By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned order, dated 14.11.2022 and subsequent orders passed by the learned Special Judge, Bongaigaon in Special Case No. 74(M)/2022 arising out of Manikpur PS Case No. 66/2020 whereby NBWA has been issued him. Mr. S. Rana, learned counsel for the petitioner, submits that although the petitioner has been shown absconder in the charge-sheet filed in the case, police neither visited his place nor made any attempt to search for him during investigation. Mr. Rana also submits that NBWA was issued against the petitioner on the very first date without issuance of summon. Therefore, Mr. Rana submits that as the petitioner is willing to participate in trial of the case an opportunity may be given to him to appear before the learned Court below and till his appearance the execution of the NBWA issued against him may be directed to be kept in abeyance. Mr. M Phukan, learned Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to conditions. Be it mentioned here that within the ambit and scope of the power vested on this Court, under Section 482 Cr.P.C., the NBWA issued by the learned Court below cannot be recalled. However, having considered the above submissions made by the learned counsel for both the sides and consideration of the averments made in the petition supported by the documents annexed thereto, it is provided that the petitioner shall appear before the Court of learned Special Judge, Bongaigaon on or before 03.04.2023 and till his appearance, the execution of the NBWA issued against him shall be kept in abeyance. The petitioner shall be at liberty to apply for regular bail and if such bail application is filed, the same shall be considered and disposed of in accordance with law. With the above directions, the petition stands disposed of. Page No.# 3/3 Comparing Assistant JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above directions, the petition stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.