✦ Gauhati High Court

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

AJIT BORTHAKUR2 min read

Case at a glance

Bench
AJIT BORTHAKUR

Outcome

Disposed of

With the above direction, the petition stands disposed of

Judgment

Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

10.05.2023 ORDER Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent No.1. By this petition under Sections 482/401 Cr.P.C., the petitioner has prayed for quashing of the NBWA and P&A issued against him by the learned Special Judge, Page No.# 2/3 Nagaon in Special Case No.22/2015 under Sections 4/17 of the POCSO Act. Mr. N. Uddin, learned counsel for the petitioner, submits that on receipt of summons, the petitioner appeared before the Court of learned Special Judge, Nagaon on 21.06.2017 and he was allowed to remain on previous bail. Thereafter, till

Operative part

30.01.2019, the petitioner had been regularly appearing before the learned Court below. Mr. Uddin submits that the petitioner being a poor person went to Kerala for earning his livelihood for which on 17.04.2019, he could not appear before the learned Court below and the learned trial Court issued NBWA against him which had been re- issued from time to time. Thereafter, Mr. Uddin submits, on 21.12.2021, P&A was issued against the petitioner. Mr. Uddin submits that non appearance of the petitioner before the learned trial Court was completely unintentional and as he is willing to participate in trial, an opportunity may be given to the him to appear before the learned Court below and till his appearance, the execution of the NBWA and P&A issued against him may be directed to be kept in abeyance. Mr. B. Sarma, learned Additional 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 and P&A issued by the learned Court below cannot be recalled. However, having considered the above submissions made by the learned counsel for both 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, Nagaon within a period of 15(fifteen) days from today and till his appearance, the execution of the NBWA and P&A issued against him shall be kept in abeyance subject to the condition that if he fails to appear before the learned Court below within the specified period of 15(fifteen) days, on and from 16th day this order shall have no force. With the above direction, the petition stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With the above direction, the petition stands disposed of

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 401, 482; Protection of Children from Sexual Offences Act, 2012 — ss. 4, 17.

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.

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