ORDER

Date : 17-11-2022 Heard Mr. G. Chamuah, learned counsel for the petitioner and Mr. B.

Sharma, learned Additional Public Prosecutor for the respondent State of Assam. 2. This instant criminal petition under Section 482, Code of Criminal Procedure, 1973 [CrPC] is directed against an order dated 08.06.2022 and other subsequent orders passed by the Court of learned Sub-Divisional Judicial Magistrate, Dhakuakhana [‘the trial Court’, for short] in PRC Case no. 567/2021 whereby the learned trial Court has ordered issuance of non-bailable warrant of arrest [NBWA] against the petitioner against whom a charge sheet has already been laid in connection with Dhakuakhana Police station Case no. 68/2016.

3. One complaint petition was filed before the trial Court by one Sri Lakhi Chutia as the complainant and against a number of persons as accused including the present petitioner as accused no. 1 alleging commission of offences under Sections 409/420/34, Indian Penal Code [IPC]. On receipt of the complaint, the trial Court forwarded the complaint under Section 156[3] to the Officer In-charge, Dhakuakhana Police Station for registering a case and to cause investigation. Accordingly, the said complaint came to be registered as Dhakuakhana Police station Case no. 68/2016 under Sections 409/420/34, IPC. After completion of investigation in connection with Dhakuakhana Police station Case no. 68/2016, the Investigating Officer of the case submitted a charge sheet under Section 173[2] CrPC vide Charge Sheet no. 166/2021 dated 31.10.2021. In the charge sheet, the petitioner herein was shown as an absconder. Three other persons, viz. Tuniram Doley, Sri Dulal Narah and Premadhar Kaman are also charge sheeted. On submission of the charge sheet, the learned trial Court by order dated 05.03.2022 took cognizance of the offences under Sections 409/420/34, IPC and ordered issuance of summons to the accused persons for their appearance. On 08.06.2022, the learned trial Court found that the present petitioner was absent. Finding that the summons issued against the accused [Sri Gaurinath Pegu] had returned after proper service, the trial court ordered issuance of non-bailable warrant of arrest [NBWA] against the accused-petitioner [Sri Gaurinath Pegu].

4. Mr. Chamuah, learned counsel for the petitioner has submitted that in the complaint lodged by Sri Lakhi Chutia, the details of accused no. 1 was only shown as Sri Gouri Nath Pegu without the name of his father. In the Charge Sheet no. 166/2021, the name of the father of the alleged absconding accused, Sri Gouri Nath Pegu has been shown as one Sri Munindra Pegu. Mr. Chamuah, learned counsel for the petitioner has submitted that though the other particulars about the residence, etc. have been correctly reflected in the charge sheet, the name of the petitioner’s father has not been correctly reflected as the petitioner’s father is ‘Monikanta Pegu’ not ‘Munindra pegu’. He has, thus, submitted that because of incorrect details, the petitioner did not receive the summons issued by the learned trial Court till date and as such, the issuance of non-bailable warrant of arrest [NBWA], by orders dated 08.06.2022, 18.08.2022, 28.09.2022 and other subsequent dates, cannot be deemed to be proper. He has further submitted that the petitioner has every intention to appear and stand in the trial and there is every possibility that the petitioner would be acquitted of the charges leveled against him.

5. Mr. Sharma, learned Additional Public Prosecutor has submitted that though there were defaults on the part of the accused-petitioner to appear before the learned trial court on three or more occasions, in view of the undertaking given to the effect that the petitioner would appear and continue to appear in the ensuing trial would facilitate an expeditious disposal of the trial.

6. I have duly considered the submissions of the learned counsel for the parties and have also perused the materials brought on record.

7. In the compla