The Supreme Court, sitting as a division bench, disposed of a criminal petition seeking time to move for the recall of non-bailable warrant and arrest order, suspending their operation.
Time till 13.09.2019 permitted for prayer for recall; impugned order suspended until said date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010210352019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 1007/2019
1:SANJIB KR. RAY
S/O SRI ANIL CH. ROY, VILL-KHUNDRA NARIKALA, P.S.-ABHAYAPURI, DIST-BONGAIGAON, ASSAM, PIN-783383
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. M J BARUAH
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
06.09.2019
Heard Mr. M. J. Baruah, learned counsel for the petitioner. I have also
heard Mr. M. P. Goswami, learned Addl. Public Prosecutor, Assam, appearing for the State.
The petitioner has approached this Court by filing this petition under section 482 Cr.P.C. praying for setting aside the order dated 13.05.2019 passed by the learned SDJM(M), North Salmara, in connection with N.G.R. Case No.412/2014 issuing NBWA and P & A against the petitioner.
Page No.# 2/2
Mr. Baruah submits that the petitioner had approached this Court earlier by filing Criminal Petition No.353/2019 with a similar grievance wherein this Court had passed order dated 01.09.2019 granting time to the petitioner till 02.04.2019 to appear before the learned court below and make a prayer for recall of the NBWA. However, since there was delay in obtaining the certified copy, the petitioner could not avail the benefit under the order dated 01.04.2019 as a result of which the learned trial court has passed the order dated 13.05.2019. Under the circumstances, the petitioner’s counsel has prayed for a week’s time permitting his client to appear and make a prayer for recall of the NBWA and P & A.
The said prayer is not opposed by Mr. Goswami, learned Addl. P.P., Assam.
In view of the above and considering the facts and circumstances of the case in its entirety, I dispose of the criminal petition permitting time till 13.09.2019 to the petitioner to appear before the learned SDJM(M), North Salmara, in connection with N.G.R. Case No.412/2014 and make a prayer for recall of the NBWA and P & A. Facilitating the above, operation of the impugned order dated 13.05.2019 shall stand suspended till 13.09.2019.
Criminal petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant time to the petitioner to approach the trial court for recall of the non-bailable warrant and personal and arrest order.
1 provisions across 1 enactments
Sanjib Kr. Ray
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
