The court emphasized the necessity of expeditious trials and set conditions for the suspension of warrants against the accused.

ORDER

Date : 28.07.2025 Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor appearing for the State of Assaam.

2. Having regard to the issue raised in the present criminal petition filed under Section 528, BNSS, 2023, the petition is taken up for disposal at the motion stage itself dispensing with the process of issuing notice to the respondent No.2-Complainant.

3. The facts, in brief, leading to the filing of the criminal petition can be stated, at first. The First Information Report was lodged by the respondent No. 2 along with three other persons as the informant against the petitioner and his father as the accused persons and the said FIR was registered as Nagaon Sadar P.S. Case No. 556/2018 for the offences under Section 294 and Section 506 of the IPC read with Section 27 of the Arms Act. After completion of investigation, the I/O had submitted a charge-sheet in connection with Nagaon Sadar P.S. Case No.556/2018 finding a prima facie case against the petitioner and his father, Rupen Sarma for the offences under Sections 294 /506/34 IPC read with Section 3(x), Schedule Castes & Schedule Tribes (Prevention of Atrocities) Act 1989. On submission of the charge-sheet, PRC Case No.1024/2021 was registered and vide an Order dated 20.03.2021, cognizance for the commission of aforesaid offences was taken. Processes in the form of summons were issued to the petitioner and his father to stand in the trial.

4. To secure the appearance of the two charge-sheeted accused persons, the learned Chief Judicial Magistrate, Nagaon continued to issue processes (summons) up-to 27.10.2021 and during that period, the accused persons did not appear due to non-service of summon. On and from 21.02.2022, the accused persons were absent with steps before the said Court by filing petitions. When on 01.09.2022 the accused persons were found absent without taking any steps, the learned Court issued Non-Bailable Warrant of Arrest (NBWA) against both of them. The father of the petitioner was arrested on 15.02.2024 in execution of the NBWA. However, the warrant of arrest issued against the petitioner could not be executed even during the subsequent period. The father of the petitioner was allowed to go on bail on

16.02.2024 having regard to his old age of 97 years and the illness suffered by him.

5. The learned Court after issuing an order of Proclamation and Attachment along with NBWA, had reached a satisfaction on receipt of the Report from the E/O that the procedure for execution of P & A had been duly followed. By an Order dated 12.03.2025, the learned Court on the basis of the Report from the E/O and his statement given before the Court, had filed the case in respect of the present petitioner while keeping the NBWA issued against the petitioner open for execution.

6. This criminal petition has been preferred seeking setting aside and quashing of the orders dated 01.09.2022, 14.12.2022, 15.02.2023 passed by the learned Chief Judicial Magistrate, Nagaon and the orders dated 07.06.2023, 01.08.2023, 16.09.2023, 30.10.2023, 20.12.2023, 15.02.2024, 15.03.2024, 04.05.2024, 29.06.2024, 29.08.2024, 05.11.2024, 30.01.2025 and 12.03.2025 passed by the learned Special Judge, Nagaon in Special (SC-ST) Case No.01/2023 arising out of PRC No.1024/2021 qua the petitioner and also to quash the orders dated 01.09.2022, 14.12.2022, 15.02.2023, passed by the learned Chief Judicial Magistrate, Nagaon and the orders dated 07.06.2023, 01.08.2023, 16.09.2023, 30.10.2023, 20.12.2023, 15.02.2024, 15.03.2024, 04.05.2024, 29.06.2024, 29.08.2024, 05.11.2024, 30.01.2025