ORDER

23.11.2022 Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. P.

Borthakur, learned APP appearing for the State.

The petitioner has filed this application under Section 482 Cr.P.C. with a prayer to set aside and quash the orders dated 19.07.2022 and 21.10.2022 passed in G.R. Case No. 1908/2018.

The order dated 19.07.2022 is reproduced herein below:-

“19.07.2022:

Accused is absent with step vide petition no. 2122/2022 showing cause due to his ailment he is absent today. No medical document is annexed with the petition.

Perused the case record. On perusal of the case it transpires that accused Ujjal Bordoloi is found take adjournment on almost each and every dates i.e. on 10-04-2019, 03-05-2019, 26-07-2019, 16-09-2019, 19- 11-2019, 30-01-2020, 20-01-2021, 20-03-2021. Thereafter, he remained absent without any step on 30-10-2021 for which NBWA issued against him and immediate on the next date he appeared before the Court and prayed for recalling his warrant which was allowed after considering the grounds shown. Thereafter on 24-02-2022 he again remained absent stating that due to illness he could not appear before the Court and the petition was allowed with a direction to submit the medical documents. Today, accused is found to be absent taking plea of ailment but his petition is not supported by any medical document. Further, the accused also failed to comply with the order dtd. 24-02-2022 regarding furnished the medical document. It is made clear time and again that no party can take adjournment on frivolous grounds and in the present case it is seen that the accused on various grounds has taking adjournments. Accordingly, I am not satisfied with the ground shown by the accused and accordingly the petition is rejected.

NBWA be issued against the accused to be executed through S.P.

concerned. Also send a copy of the Order to the S.P. concerned for information and immediate necessary action.

B/A to take steps forthwith.

Fixing 21-10-2022 for appearance/report.”

Thereafter, on 21.10.2022, the accused was again absent and NBWA was issued against the petitioner.

I have heard Mr. P. Borthakur, learned APP, who has received notice on behalf of the State respondent No. 1.

It is submitted by the learned APP that the accused is irregular, but he has no objection if the impugned orders dated 19.07.2022 and 21.10.2022 passed in G.R. Case No. 1908/2018 are set aside and quashed.

I have given my anxious considerations to the submissions at the bar.

It appears that the case is at the fag end of trial. Further, procrastination will be an abuse of the process of Court. The petitioner is hereby directed to co-

operate with the investigation. He is directed to appear on each and every dates fixed without default. It is submitted on behalf of the petitioner that the petitioner will appear regularly.

Considering all aspects, the orders dated 19.07.2022 and 21.10.2022 passed in G.R. Case No. 1908/2018 are hereby set aside and quashed.

The NBWA issued against the petitioner be recalled by the learned trial Court and the petitioner is allowed to remain on previous bail and face trial without default.

This Criminal Petition stands disposed of.

JUDGE

Comparing Assistant