ORDER

20.11.2024

1. Heard learned counsel Mr. G. Uddin for the petitioner K. Vasantha Kumar and, learned Special Public Prosecutor, Mr. J. Hassan, Assam for the respondent State.

2. The petitioner has filed this application for quashing the orders dated 17.08.2023, 22.12.2023 and 30.03.2024, and subsequent orders in connection with PRC Case No. 547/2022 arising out of CID P.S. Case No. 13/2021 registered under Sections 120(B)/420/406/409 of the IPC read with Section 66(D) of the IT Act, 2000 whereby NBWA as well as Proclamation orders were issued against the petitioner by learned Judicial Magistrate First Class, Kamrup (M).

3. The learned Special Public Prosecutor has raised objection against the petition stating that the petitioner was well aware of the proceeding but he failed to appear for a prolonged period to the prejudice of the other co-accused who are appearing in connection with this case. The proceeding has been procrastinated by the absence of the petitioner. On the other hand, learned counsel for the petitioner has submitted that after charge-sheet was laid, he approached the learned Trial Court on 30.10.2024, and filed an application to appear before the learned Trial Court and a prayer for recalling the NBWA along with the Proclamation issued against the petitioner.

4. It is submitted that as the learned Trial Court has rejected the prayer of the petitioner to recall the NBWA and to defer the proclamation issued against him, the petitioner is before this Court. It is submitted that the petitioner is willing to appear before the learned Trial Court and cooperate with the proceeding of PRC Case No. 547/2022 arising out of CID Case No. 13/2021.

5. As this case is pending for a prolonged period and as the petitioners are willing to cooperate with the trial, I have taken a pragmatic view. The NBWA and the proclamation issued against the petitioner is hereby kept in abeyance for 1 month and the petitioner is directed to appear before the learned Trial Court within 1 month and cooperate with the trial.

6. I have considered the submission of the petitioner that the petitioner be given certain time to recover from slipped disc. Annexure-9 of the petition reflects that the petitioner is suffering from severe backache with sciatica.

7. In terms of the above observation, petition stands disposed of.

1 JUDGE Comparing Assistant Order downloaded on 03-02-2025 01:50:52 PM