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GAHC010106212024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./626/2024
DILIP TANTI
S/O LAXMAN TANTI, R/O VILL- BATASIPUR, P.S.-DHEKIAJULI, DIST-
SONITPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
NIL
2:SMTI SACHI TELENGA
D/O MAYA TELENGA
VILL- BATASIPUR
P.S.-SONITPUR
DIST- SONITPUR
ASSA
Advocate for the Petitioner : MR. R BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 31.05.2024
Heard Mr. R.Baruah, learned counsel for the petitioner. Also heard Mr.B.Sharma, learned
Additional Public Prosecutor, Assam appearing for the State respondent.
By this petition under Section 482/401 of the Cr.P.C., the petitioner has prayed for quashing
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and setting aside of the impugned orders dated 18.03.2024 and 17.05.2024 passed by the
learned JMFC, Tezpur in PR Case No. 765/2019 (Dhekiajuli PS Case No.665/2014) whereby
Warrant of Arrest has been issued against the petitioner.
The learned counsel for petitioner submits that the petitioner is working in Hyderabad as a
security guard and he has no knowledge regarding institution of the case. From the order of
the trial court, it is reflected that summons were issued to the petitioner which was received
by his sister and thereafter warrant of arrest was issued against the petitioner. It is further
submitted that now the petitioner is ready to appear before the trial court and face the trial.
Mr.B.Sharma, learned Additional Public Prosecutor, submits that petitioner has been shown
as absconder in the charge sheet. However, he may appear before the trial court seeking
regular bail.
Having heard learned counsel for the parties and on perusal of documents annexed to the
application and considering the averments made in the petition, it is provided that the
petitioner shall appear before the learned trial court within 15 (Fifteen) days from today
and in the event of filing any bail application, trial court shall consider the same in accordance
with law. Till his appearance, the execution of the warrant of arrest issued against him shall
be kept in abeyance subject to the condition that this order shall remain in force till the next
15 days.
The criminal petition stands disposed of accordingly.
JUDGE
Comparing Assistant