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2024 Supreme(Online)(GAU) 3431

HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE ROBIN PHUKAN
KOBIR AHMED @ KABIR UDDIN – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR B SINHA, PP, ASSAM

ORDER

Date : 14.03.2024 Head Mr. B. Sinha, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the State respondent.

2. In this petition, under Section 482 Cr.P.C., the petitioner, namely, Kobir Ahmed @ Kabir Uddin, has prayed for recalling the non-bailable warrant of arrest and proclamation order issued against him, vide orders dated 02.04.2019 and 28.08.2019, respectively, by the learned Sessions Judge, Karimganj, in Sessions Case No. 47/2018, under Sections 341/326/302/34 of the IPC.

3. Mr. Sinha, learned counsel for the petitioner submits that after investigation, charge-sheet has been submitted by the I.O. in Nilambazar P.S. Case No. 49/2015, under Sections 379/341/326/34 of the IPC, wherein the petitioner has been shown as not sent up for trial. But, later on, the learned Court below has taken cognizance against the present petitioner and issued summon to him, vide order dated 04.02.2019, and thereafter, upon non- appearance of the petitioner, the learned Court below has issued non-bailable warrant of arrest against him, vide order dated 02.04.2019, and proclamation on 28.08.2019.

4. Mr. Sinha further submits that the petitioner is re

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