ORDER

Date : 23-11-2022 Heard Mr. R Konwar, learned counsel for the petitioner and also heard Mr. BB Gogoi, learned Addl. PP, Assam.

By this application under Section 482 Cr. P.C, the petitioner has challenged the correctness or otherwise of the order dated 02.08.2022, passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Barpeta in Special POCSO Case No.96/2022, by which the learned court below has issued NBWA against the petitioner Nur Amin, at the very first instance.

Mr. Konwar, the learned counsel for the petitioner submits that that the learned court below has without issuing summon to the petitioner at the first instance, directly issued NBWA, and that he is ready to face trial and therefore, it is contended to set aside the impugned order.

On the other hand, Mr. Gogoi, learned Addl. PP submits that the petitioner may be directed to appear before the learned court below and to face trial and till the next date, the warrant issued against him may be recalled.

Having heard the submission of learned advocates for both the sides, I have carefully gone through the impugned order dated 02.08.2022, and it appears that the learned court below has issued NBWA against the petitioner directly, but the learned court below has recorded the reasons for issuing NBWA against him and exercised the power under section 87 Cr.P.C. Notwithstanding, issuance of NBWA against the petitioner directly, without exhausting other available means is not in consistence with the dictum laid down by Hon’ble Supreme Court in the case of Indermohan Goswami Vs. State of Uttaranchal reported in (2007) 12 SCC 1 and in the case of Raghuvansh Dewanchand Vasin Vs. State of Maharashtra reported in (2012) 9 SCC 791.

Therefore, in the interest of justice and in view of the fact that the petitioner is ready to face trial, this Court is of the view that ends of justice will be meted out, if the petitioner is allowed to appear before the learned court below and till the next date, the warrant of arrest issued against him may be recalled.

In view of the above, this criminal petition stands disposed of at this motion stage itself and the petitioner is directed to appear before the Court below on 01.12.2022, and in the event of his appearance before the court below and filing a petition for granting regular bail, the learned court below shall consider the same in accordance with law.

Till then, the NBWA issued against the petitioner stands recalled.

JUDGE Comparing Assistant