ORDER

Date : 23.08.2022 Heard Mr. A. Paramanik, learned counsel for the petitioner. Also heard Mr.

B. B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 1.

By this petition under Section 482 Cr.P.C., the petitioner has prayed for quashing of the impugned order dated 24.03.2017 and the subsequent orders st thereto passed by the learned Judicial Magistrate, 1 Class, Kamrup (M), Guwahati, whereby P&A and NBWA have been issued against the petitioner in connection with G.R. Case No. 12701/2012 (arising out of Jalukbari P.S. Case No. 898/2012) under Sections 451/382 of the IPC.

Mr. Paramanik, learned counsel for the petitioner submits that after completion of investigation, police submitted the charge sheet, vide Charge- Sheet No. 205/2014, dated 30.06.2014 under Sections 451/382 of the IPC against the petitioner and, thereafter, after taking cognizance of the case, the learned Trial Court issued summon to the accused petitioner. Mr. Paramanik further submits that in connection with the case, no summon or notice was served on the petitioner and he was totally in dark regarding the case and the learned Trial Court issued NBWA and P&A against him due to his absence. Therefore, Mr. Paramanik submits that an opportunity may be given to the petitioner for his appearance before the learned Court below and till his appearance, the execution of the NBWA and P&A issued against him may be directed to be kept in abeyance.

Mr. B. B. Gogoi, learned Additional Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below on a specified date, subject to conditions.

Be it mentioned here that within the ambit and scope of the power vested on this Court, under Section 482 Cr.P.C., the NBWA and P&A issued by the learned Court below cannot be recalled. However, having considered the above submissions made by the learned counsel for both the sides and consideration of the averments made in the petition supported by the documents annexed thereto, it is provided that the petitioner shall appear before the learned Court below within 10 (ten) days from today and till his appearance, the execution of the NBWA and P&A issued against him shall be kept in abeyance subject to the th condition that if he fails to appear within the specified period, on the 11 day, this order shall automatically come to an end.

With the above directions, the petition stands disposed of.

JUDGE Comparing Assistant