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GAHC010163132024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1041/2024
FARUK HUSSAIN
S/O ABASH ALI
R/O VILL- BIDYAPARA PART-II,
P.O. BHUSIRMAT, P.S. DHUBRI, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY ITS PP, ASSAM
2:CHANDAN ROUT
SUB-INSPECTOR OF POLICE
IN-CHARGE
BAZAR TRAFFIC OUT POST
DHUBRI
DIST.DHUBRI
ASSA
Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
31.08.2024
Heard Md. I. H. Laskar, learned counsel for the petitioner. Also heard Mr. P.
Borthakur, learned Additional Public Prosecutor, Assam, for the State respondent
No. 1.
This is an application filed under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, praying for quashing of the order dated 25.07.2024
passed by the learned Special Judge (Addl.), Dhubri, in Special Case
No.379/2022 [arising out of the Dhubri P.S. Case No.126/2022] so far it relates
to issuance of NBWA against the petitioner.
It is submitted by the learned counsel for the petitioner, Mr. Laskar, that
the present petitioner is innocent and no way connected with the alleged
offence. He also submitted that nothing has been seized from his possession
which reveals from the seizure list itself. He further submitted that during the
pendency of the investigation, the petitioner was never searched by the police
and he came to know about the pendency of the case only when he received
summon from the Trial Court. Thereafter, NWBA was issued against him. The
petitioner is ready to face the trial and will regularly appear before the Court if
the order of issuance of warrant is being suspended and also prayed for
quashing of the order dated 25.07.2024.
In this regard, Mr. Bortharkur, learned Additional Public Prosecutor has
submitted that at present the merits of the case cannot be decided. The charge-
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sheet itself reveals that the accused/petitioner could not be arrested during the
investigation and he was shown as absconding after issuance of summon and
accordingly, the learned Trial Court issued NBWA against the petitioner.
After hearing the submissions made by the learned counsels for both sides
and perusing the case record, it is observed that the Trial Court issued a
summons and a BWA against the accused/petitioner due to his non-appearance.
Thus, considering the conduct of the accused/petitioner, I hereby direct the
petitioner to appear before the Court of learned Special Judge (Addl.), Dhubri,
within 10 (ten) days from today and to file a fresh petition for regular bail and
upon filing of such petition, the learned Court below shall consider and dispose
of the same in accordance with law. And, till then, the execution of NBWA,
issued against the petitioner, stands stayed/ suspended.
With the above observation and direction, this criminal revision petition
stands disposed of.
JUDGE
Comparing Assistant