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

Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 27-03-2023 ORDER Page No.# 2/3 Heard Mr. I.H. Laskar, learned counsel for the petitioner Hussain Ahmed Mazumder. The petitioner has filed an application under Section 482 Cr.PC with prayer for quashing/setting aside/cancelling and suspending the order dated 01.03.2023 passed by learned Judicial Magistrate, First Class in Hailakandi in G.R. Case No. 835/2018 so far it relates to issuance of NBWA against the petitioner. Heard Ms. S.H. Bora, learned Addl. P.P. for the respondent No. 1. The learned Addl. P.P. has accepted notice on behalf of respondent No. 1 and has also received a copy of the petition. I have considered the submissions at the Bar. It is submitted that the petitioner has been shown as absconder in the Charge Sheet No. 16/2019 dated 31.01.2019. The Charge Sheet is marked as Annexure-2 and tagged along with the petition. As the Charge Sheet was submitted and cognizance was taken vide the order dated

15.06.2021 summonses were issued against the petitioner. The orders of the Court of the Chief Judicial Magistrate, Hailakandi is marked as Annexure-3 series. On

01.03.2023 NBWA was issued against the petitioner. The petitioner is before this Court against this order. The Charge Sheet was laid against the petitioner under Section 366 IPC. It is submitted that the petitioner is innocent and false case has been slammed against the petitioner. However, the petitioner is willing to cooperate with the trial. The petitioner is apprehending that he will be forwarded to custody as NBWA has been issued against him and the petitioner has prayed for quashing and setting aside the order so far as it relates to the issuance of NBWA against the petitioner. I have given my anxious consideration to the submissions at the Bar. The petitioner is willing to cooperate with the trial. The petitioner has submitted that although he was aware of the case, the police has never searched for him which resulted in charge-sheet been laid against him showing him as absconder and finally which resulted in the order impugned by the petitioner. Page No.# 3/3 In view of the foregoing discussions, the NBWA against the petitioner vide order dated 01.03.2023 is kept in abeyance till the appearance of the petitioner and meanwhile the petitioner is directed to appear before the Court of JMFC within 15 (fifteen) days. The petitioner may also apply for regular bail, which will be considered by the Court as per merits of the case. JUDGE Comparing Assistant