Allowed

Thaneswar Deka and Anr. v. the State of Assam and Anr.

Gauhati HC3 Sept 2018Crl.Pet./866/2018

Case brief

AI extract

What is this about?

Petitioners challenged an order issuing a non-bailable warrant without recorded reasons and authorizing police to treat them as absconders. The Court quashed the warrant for lack of recorded reasons under Section 87 CrPC and set aside police action regarding absconder status.

What did the court decide?

The warrant of arrest against the petitioner is set aside and the petitioner is directed to appear on the next date.

Thaneswar Deka and Anr. Vs the State of Assam… — Civil Procedure and Limitation | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010190692018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet. 866/2018

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1:THANESWAR DEKA AND ANR.

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S/O UMESH DEKA, VILLAGE KALBARI, PS GORESWAR, DIST. BAKSA, BTAD (ASSAM)

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2: RABINDRA KALITA @ BABUL S/O KAMALESWAR KALITA VILLAGE TENGAJHAR PS GORESWAR DIST. BAKSA BTAD (ASSAM

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VERSUS

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1:THE STATE OF ASSAM AND ANR. REP. BY PP, ASSAM

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2:RAJ MANGAL RAI S/O LATE JOGINDER RAI VILLAGE MARUA PATTY CHARIALI PS DIBRUGARH DIST. DIBRUGARH ASSAM 78600

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Advocate for the Petitioner : MS G DEKA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI

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ORDER

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Date : 03-09-2018

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Page No.# 2/3

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Heard Ms. G. Deka, learned counsel for the petitioners and Ms. S. Jahan, learned Addl. Public Prosecutor for the State/respondent No.1.

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Aggrieved by the order dated 13-02-2017 passed by learned SDJM, Darrang, Mangaldoi, in G.R. Case No. 1705/2011, the petitioners have filed the instant petition u/s 482 CrPC praying for quashing the order impugned.

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Police submitted charge-sheet in the aforementioned case against the petitioners showing them absconders. On the very first day, by the impugned order, the learned Magistrate issued a non-bailable warrant of arrest without issuing any summon to the petitioners. Learned counsel for the petitioner, Ms. G. Deka submits that such order was illegal, as the police could not declare a person absconder. The petitioners were not declared absconder by the court, and as such, the order passed by the learned trial court should be set aside, submits Ms. Deka. It is trite law that police has no authority to declare a person a proclaimed offender.

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Section 87 of the Criminal Procedure Code provides that the court may, in any case, in which it is empowered by this Code to issue summons for the appearance of any person, issue, after recording it’s reason in writing, a warrant for his arrest for the reasons stated in Clause (a) & (b) of Section 87 CrPC.

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In the present case, apparently no reason was recorded by the learned trial court for issuing non-bailable warrant of arrest, and as such, the order of issuance of non-bailable warrant of arrest without recording any reason appears to be bad and accordingly, the warrant of arrest issued against the petitioner is set side.

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The petitioner shall appear before the learned trial court on the next date fixed and file appropriate application, if so desires, which shall be considered and disposed of by the learned trial court in accordance with law.

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Crl. Petition stands disposed of accordingly.

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Page No.# 3/3

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JUDGE

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Comparing Assistant

Thaneswar Deka and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Thaneswar Deka and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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