M/S MANIKANAN INDUSTRIES AND ANR. vs THE STATE OF ASSAM AND ANR.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(GAU) 5282

GAHC010242272023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1160/2023 M/S MANIKANAN INDUSTRIES AND ANR.
REP. BY ITS PROPRIETOR SRI GOPAL SAHA, HAVING ITS OFFICE AT GROUND FLOOR, RAJU COMPLEX, A.K. AZAD ROAD, SHANKARPUR KALAPAHAR, GOPINATH NAGAR, OPPOSITE JUTE MILL, AND NEAR HERO BIKE SHOW ROOM, GUWAHATI-
16, KAMRUP (M), ASSAM
2: SRI GOPAL SAHA S/O SRI LATE MANIKYA BHUSHAN SAHA RESIDING AT GROUND FLOOR RAJU COMPLEX A.K. AZAD ROAD SHANKARPUR KALAPAHAR GOPINATH NAGAR OPPOSITE JUTE MILL AND NEAR HERO BIKE SHOW ROOM GUWAHATI-16 KAMRUP M)
ASSA VERSUS THE STATE OF ASSAM AND ANR.
REP. BY THE PP, ASSAM 2:M/S GOYAL TRADERS REP. BY ITS PROPRIETOR SRI HIMANGSHU GOYAL HAVING ITS OFFICE AT GANDHI PARK ROAD P.O P.S. AND DIST. TINSUKIA ASSA Advocate for the Petitioner : MR. N C DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

Date : 19-10-2023 Heard learned counsel for the parties.

This is an application under section 482 Cr.P.C., praying for quashing of the NBWA issued against the petitioner vide order(s) dated 13.07.2022 and all other subsequent orders of the complaint case No.171/2019 pending before the court of the Chief Judicial Magistrate, Tinsukia, Assam.

The aforesaid NBWA have been issued as the petitioner failed to appear before the learned court below during the trial on 13.07.2022 and all other subsequent dates.

The learned counsel for the petitioner by referring to paragraph No.7 of this application submits that there is no willful default on his part however for the reasons as explained in the aforesaid paragraph, the petitioner could not appear before the learned court below.

The learned counsel further submits that the petitioner undertakes that he will appear before the court on each and every date.

Considered the aforesaid submissions made and also considered the materials available on record including the statement made in this petition.

In view of the aforesaid, this Court is of the opinion that the petitioner is entitled for limited relief to the extent of staying the NBWA issued against her till the petitioner appear before the learned trial Court and seek regular bail/recall of the NBWA.

Accordingly, the present criminal petition is disposed of with a direction to the petitioner to appear before the learned trial Court on the next date fixed or within a period of 2 weeks from today whichever is earlier and file appropriate application for recalling of the warrant or any other relief that the petitioner may be entitled.

It is further provided that till such period, the NBWA issued on

13.07.2022 and all other subsequent dates shall not be executed.

While parting with the record, it is clarified that this Court has not commented anything on the merit of explanation given and the learned trial court shall apply its own mind in deciding any application that may be filed by the petitioner as discussed herein above pursuant to this order and shall not be influenced by any observation made in the case by this court.

With the aforesaid observation, the criminal petition stands disposed of.

JUDGE Comparing Assistant

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