✦ Gauhati High Court

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

AJIT BORTHAKUR2 min read

Case at a glance

Bench
AJIT BORTHAKUR

Outcome

Disposed of

With the above directions, the petition stands disposed of

Provisions considered

Judgment

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

Operative part

21.09.2022 ORDER Heard Mr. A. Mobaraque, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1. By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned orders dated 22.06.2022 and 26.08.2022 passed in PRC Case No. 67/2016 corresponding to GR Case No. 389/2011 by the learned Page No.# 2/3 Sub-Divisional Judicial Magistrate(M), Margherita whereby a warrant of arrest has been issued against the petitioner. Mr. A. Mobaraque, learned counsel for the petitioner submits that the petitioner did not receive any summon from the learned court below and as such, he was unaware about the proceedings pending against him. Mr. Mobaraque further submits, that due to his non-appearance, warrant of arrest was issued against him vide orders dated 22.06.2022 and 26.08.2022 fixing the next date on 03.11.2022. Therefore, Mr. A. Mobaraque, submits that an opportunity may be given to the petitioner for his appearance 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. B. B. Gogoi, 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 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 learned Court below on or before 03.11.2022 and till his appearance, the execution of the NBWA issued against him shall be kept in abeyance subject to the condition that if he fails to appear within the specified period, from 04.11.2022, this order shall automatically come to an end. With the above directions, 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 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.

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