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GAHC010175402024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1070/2024
NRIPEN SARMA
S/O LATE UPEN CHANDRA SARMA
VILL- PACHIM BORAGAON
P.S. GARCHUK
DIST. KAMRUP (METRO), ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM
Advocate for the Petitioner : MR F HAQUE, MR A ISLAM,MR. S K M ALOMGIR
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
31.08.2024
Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. B.
Sharma, learned Additional Public Prosecutor, Assam.
The petitioner is before this Court praying for quashing of non-bailable
warrant of arrest issued by the Court of SDJM (S), Sadar Barpeta in connection
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with NI Case No. 60/2022. It is submitted by the learned counsel for the
petitioner that on the date fixed the petitioner remained absent and his engaged
counsel did not take necessary steps as per the Trial Court’s order. Accordingly,
the competent Court proceeded to issue non-bailable warrant of arrest by order
dated 26.07.2024. The next date of appearance is fixed on 03.09.2024.
Mr. B. Sharma, learned Additional Public Prosecutor, Assam appears for
the State.
Considering the limited prayer made by the petitioner, this Court is of the
view that the matter can be disposed of at this stage without issuing any notice.
The petitioner will appear before the Trial Court on 03.09.2024 and file
necessary application before the competent Court. If any such necessary
application is filed before the Court, the same shall be considered by the Court
keeping in view the law laid down by Apex Court in Siddharth Vs. State of Uttar
Pradesh and Anr. reported in (2022) 1 SCC 676 and would not proceed to detain
the petitioner unless for the reasons germane as found by the competent Court.
If the petitioner as per the direction of this Court appears before the concerned
Court on 03.09.2024, the NBWA issued on 26.07.2024 shall not be enforced.
However, if the petitioner fails to appear before the concerned Court and/or fails
to take proper steps as directed, the NBWA issued on 26.07.2024 may be
enforced without further reference to this Court.
Criminal Petition accordingly stands disposed of.
JUDGE
Comparing Assistant