✦ Gauhati High Court · 23 Sep 2022

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

AJIT BORTHAKUR2 min read

Case at a glance

Order date
23 Sep 2022
Bench
AJIT BORTHAKUR

Outcome

Disposed of

With the above directions, the petition stands disposed of

Provisions considered

Judgment

BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 23.09.2022 ORDER Heard Mr. S. M. Abdullah P., learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1. Page No.# 2/3 By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned order dated, 27.07.2022 and 05.09.2022, passed by the learned Judicial Magistrate, 1st Class, Barpeta, whereby NBWA has been issued against the petitioner in connection with PRC No. 3230/2019 (G.R. Case No. 1356/2018), under Sections 341/366/511/323/34 of the IPC arising out of Howly P.S. Case No. 105/2018. Mr. S. M. Abdullah P., learned counsel for the petitioner, submits that while filing the charge sheet, vide C.S. No. 62/2018, dated 30.04.2018, the petitioner was shown as absconder along with others. The learned Trial Court has, thereafter, taken cognizance of the case and issued summon to the petitioner fixing another date for his appearance. Thereafter, the case was adjourned repeatedly for his appearance but due to outbreak of Covid-19 pandemic and also due to communication gap between him and his engaged counsel, the petitioner could not appear on the dates fixed and, consequently, the learned Trial Court issued NBWA against him. Therefore, Mr. S. M. Abdullah P. 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. Ms. S. H. Bora, 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 Court of learned Judicial Magistrate, 1st Class, Barpeta on or before

Operative part

11.10.2022 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 on or before 11.10.2022, 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; Indian Penal Code, 1860 — ss. 34, 323, 341, 366, 511.

Which court decided this case, and when?

Gauhati High Court, on 23 Sep 2022. The bench was AJIT BORTHAKUR.

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.

Why is this linked?

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