THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM TO BE & Anr.
Case at a glance
Outcome
Disposed of
In terms of above, the petition is disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 401, 482
- Constitution of India art. 227
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl. Rev.P./160/2023 SANTANU DAS S/O LATE PUTUL CH. DAS PERMANENT RESIDENT OF NAHATI, BARPETA, DIST. BARPETA, ASSAM PIN-791301 VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:SOURAV OJAH S/O LATE UPEN OJAH R/O VILL- METUWAKUCHI JYOTI TOWN WARD NO. 20 DIST. BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR I RAFIQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Date : 26-04-2023 ORDER Page No.# 2/2 Heard Mr. I. Rafique, learned counsel for the petitioner Santanu Das. The petitioner has filed an application under Section 401 read with Section 482 Cr.PC and read with Article 227 of the Constitution of India. Heard Mr. P. Borthakur, learned Addl. P.P. for respondent No. 1. The learned Addl. P.P. has accepted notice on behalf of respondent No. 1. So, no formal notice is required to be issued to respondent No.1 . The petitioner has challenged the order dated 03.02.2023 passed by the Judicial Magistrate, First Class in N.I. Case No. 128/2021. NBWA is issued against him vide order dated 03.02.2023. The petitioner is willing to co-operate with the trial and he has prayed to set aside the order dated 03.02.2023. I have considered the submissions at the Bar. This case was registered in the year
Operative part
2022. The case was proceeding in good pace. The petitioner was unable to attend Court as his mother was not well. Annexure-3 is the boarding passes and the return tickets in support of the petitioner’s prayer that his mother was not well and she was taken to Chennai for treatment. Considering the plight of the petitioner the order dated 03.02.2023 relating to issuance of NBWA is set aside. The petitioner is directed to appear before the trial Court within 7 (seven) days and co- operate with the trial. In terms of above, the petition is disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of above, the petition is disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 401, 482; Constitution of India — art. 227.
Which court decided this case, and when?
Gauhati High Court, on 26 Apr 2023. The bench was SUSMITA PHUKAN KHAUND.
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.