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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Shri Balaram Mandal S/o Dhiren Mandal – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. factual background of fir and charge-sheet. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding issuance of warrants. (Para 7 , 8) |
| 3. provisions for serving summons and their implications. (Para 9 , 10 , 11) |
| 4. guidelines for issuing non-bailable warrants. (Para 12 , 13 , 14 , 15 , 16) |
| 5. orders set aside due to lack of due consideration. (Para 17) |
| 6. accused permitted to appear in trial court. (Para 18 , 19) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. Heard Mr. A.L. Mandal, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
2. Before any deliberation on the impugned orders, it is apposite to state the background facts, in brief, at first. One Smti. Mamata Mandal was the informant in the First Information Report [FIR] lodged before the Officer In-Charge, Mayang Police Station on 05.12.2021 in connection with Mayang Police Station Case no. 270/2021 registered under Sections 498A/494/34, INDIAN PENAL CODE [IPC]. In the FIR, the petitioner herein was named as accused no. 1 and one Smti. Sarmila Mandal was named as accused no. 2. It was inter alia alleged that in an incident occurred on 31.10.2021, both the accu
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