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GAHC010264102022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1318/2022 RAVI KUMAR BHATI @ RAVI KUMAR VHATI @ RABI SINGH S/O SRI ROSHAN LAL SINGH R/OC/O JAYA TALUKDAR HOUSE NO. 11, RAILWAY COLONY ROAD, HATIGARH CHARIALI, P.S.
HATIGARH, GUWAHATI, DIST. KAMRUP (METRO), ASSAM, PIN-781021 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM
2:SAJID HUSSAIN HOUSE NO. 4 MILANPUR NEAR SIVA MANDIR CHANDMARI GUWAHATI-21 DIST. KAMRUP (METRO), ASSAM Advocate for the Petitioner : MR. B GOGOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI
['B GOGOI', '', 'K K DUTTA', 'A CHALIHA', 'RUKMINI BARUA', 'PADMINI BARUA', 'PP', 'ASSAM']
ORDER
22-12-2022 Petitioner is represented by Mr. B. Gogoi, learned counsel.
State is represented by Mr. P.S. Lahkar, learned Additional Public Prosecutor.
This is an application, under Section 482 of Cr.P.C., seeking quashment of the orders, dated 07-06-2019, 31-07-2019, 30-10-2019, 10-01-2020, 17-03-2020, 19-
03-2021, 11-10-2021, 08-02-2022, 19-05-2022, 30-08-2022 and 14-12-2022, passed by the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati, in GR Case No. 11331/2013, issuing Non-Bailable Warrant of Arrest against the petitioner and all subsequent orders issuing NBWA as well as the P&A.
I have perused the petition. I have also heard the learned counsel for the parties.
It is submitted by the learned counsel for the petitioner that charge-sheet has been laid against the accused-petitioner before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati, under Sections 279/304(A) of the IPC, which are bailable in nature, but due to change of address, the petitioner could not appear before the learned Court below and consequently Non-Bailable Warrant of Arrest and P&A were issued against the petitioner.
The petitioner earlier used to stay at Kusholnagar, Chandmari and subsequently he shifted to Railway Colony Road, Hatigaon Chariali.
It has further been submitted that the first order issuing Non-Bailable Warrant of Arrest was passed against the accused-petitioner on 31-07-2019 and thereafter subsequent orders issuing Non-Bailable Warrant of Arrest were issued and vide order dated 14-12-2022 P&A was issued against the present petitioner. The learned counsel for the petitioner prays for quashment of the aforesaid orders.
I have gone through the orders of the learned trial Court available on record. It is also submitted by the learned counsel for the petitioner that the accused-petitioner was on bail as offences were bailable one and the bail bond was submitted by the father of the petitioner showing the address of Kusholnagar, Chandmari.
Mr. Lahkar, learned Additional Public Prosecutor has no objection to the prayer so made in this petition.
On perusal of the materials placed before this Court and on hearing the learned counsel for the petitioner, this petition is disposed of with direction to the petitioner to appear before the learned Court below within 10 days from today and make appropriate application before the learned Court below, which shall be disposed of on its own merit.
The Non-Bailable Warrant of Arrest and the P&A issued against the accused-
petitioner is kept in abeyance for a period of 10 days from today.
It is made clear that in the event the petitioner does not appear within the time stipulated the order keeping the Non-Bailable Warrant of Arrest and the P&A, in abeyance, shall automatically stand vacated.
With the above observations, this criminal petition stands disposed of.
