Petitioner challenged non-bailable warrant issued for single absence by trial court which did not record reasons. High Court set aside impugned order due to lack of recorded reason and directed appearance on next fixed date.
Impugned order dated 03.12.2018 issuing NBWA set aside; petitioner directed to appear on next fixed date.
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GAHC010033322019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 173/2019
1:KAMAL GOGOI
S/O- MANESWAR GOGOI, VILL- CHANDRAPUR, P.S. PRAGJYOTISHPUR, DIST- KAMRUP, ASSAM
VERSUS
1:JAGADISH DEKA AND ANR.
S/O- NILKANTA DEKA, R/O- H.NO.21 PUB SARANIA, P.S. CHANDMARI, DIST- KAMRUP (M), ASSAM
2:THE STATE OF ASSAM REP. BY P.P. ASSA
Advocate for the Petitioner : MR. D SARMAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 13-03-2019
Heard Mr. D. Sarma, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. P.P., Assam.
The challenge in this petition is to the order dated 03.12.2018 passed by the learned Special Judicial Magistrate, Kamrup in PRC Case No. 390/2018, whereby, the
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learned Judicial Magistrate issued NBWA against the petitioner.
It is submitted by the learned counsel for the petitioner that the petitioner was an accused in the aforementioned case and he has been facing trial. On 03.12.2018, the case was fixed for appearance of the petitioner, however, the petitioner could not appear for some inconvenience and the engaged learned counsel for the petitioner filed an application showing the case of his absence and also praying for an adjournment. The said petition was rejected by the learned trial court and issued NBWA.
The copy of the impugned order as well as the order passed on the previous dates are annexed with the petition as Annexure-4, which shows that for a single default on 03.12.2018, learned trial court issued NBWA rejecting the petition filed by the petitioner. The impugned order shows that the learned trial court did not record any reason while rejecting the petition filed by the petitioner. Any judicial order dehorse reason is no order in the eye of law. Therefore, the impugned order dated 03.12.2018 issuing NBWA against the petitioner is set aside. However, the petitioner is directed to appear before the learned trial court on the next date fixed and face the trial.
The criminal petition is disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the trial court order issuing non-bailable warrant without recording reason is void or merely erroneous.
KAMAL GOGOI
JAGADISH DEKA AND ANR.
THE STATE OF ASSAM
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
