Disposed

Chiranjib Talukdar and Anr. v. Hiranmai Kalita and Anr.

Gauhati HC9 Jan 2019Crl.Pet./18/2019

Case brief

AI extract

What is this about?

Single Judge Criminal Petition regarding apprehension of arrest. The Court disposed of the petition directing petitioners to appear in the trial case by 31.01.2019. The Court suspended the NBWA orders issued earlier until the specified date. Failure to appear may lead to further orders.

What did the court decide?

Petitioners directed to appear in C.R. Case No. 4787/2017 on or before 31.01.2019; NBWA orders suspended till that date; Magistrate to consider bail/anti-impedement applications; Petition disposed of.

Chiranjib Talukdar and Anr. Vs Hiranmai Kalita and Anr. — Bail and Remand | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010003952019

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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. 18/2019

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1:CHIRANJIB TALUKDAR AND ANR.

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S/O. SRI HOMESWAR TALUKDAR, R/O. H.NO.13, GANESHGURI, NAYANPUR, P.O. AND P.S. DISPUR, GUWAHATI-781005, DIST. KAMRUP (M), ASSAM.

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2: NABADITA SARMA

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D/O. SRI HARI PRASAD SARMA R/O. H.NO.11 JAPORIJOG GAHORIKATA CHOWK P.O. AND P.S. DISPUR GUWAHATI-781006 DIST. KAMRUP (M) ASSAM

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VERSUS

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1:HIRANMAI KALITA AND ANR.

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D/O. NARENDRA CHANDRA, R/O. LOHARI KACHARI GAON, TINSUKIA, DIST. TINSUKIA, PIN-786125, PRESENTLY RESIDING AT C/O. BIPIN CH. BORAH, JAPORIGOG, ANANDARAM BARUAH PRATHAMIK SCHOOL, GUWAHATI-781006, DIST. KAMRUP (M), ASSAM.

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2:THE STATE OF ASSAM REP. BY PP ASSAM

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Advocate for the Petitioner : MR. T BARUAH

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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09-01-2019

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Heard Mr. R. Phukan, learned counsel for the petitioners and Mr. R. J. Baruah, learned Additional Public Prosecutor for the opposite party No.2, State.

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By order dated 21.02.2018, passed in C.R.Case No.4787/2017, the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati took cognizance of the offences under Section 494/506 IPC against the petitioner No.1 and under Section 506 IPC against the petitioner No.2 and issued summons to both of them for their appearance in the said C.R.Case.

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In spite of receipt of summons, as they did not appear before the learned Trial Magistrate and delayed the said matter by taking time for their appearance, the learned JMFC, Kamrup(M), Guwahati by orders dated 13.09.2018 and 13.12.2018 issued orders of NBWA’s against the petitioners fixing the matter on 12.03.2019 for their appearance.

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It is stated by the petitioners that they are willing to appear before the learned JMFC, Kamrup(M), Guwahati and wants to participate in the trial of the said C.R.Case No.4787/2017, but submitted due to the orders of NBWAs issued against them in the said C.R. Case, being in force, they are of the apprehension that they would be arrested on their such appearance in the case and shall be detained in custody.

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After hearing the learned counsel for the parties and on considering the above, this criminal petition is disposed of at the motion stage itself directing the petitioners, namely, 1) Sri Chiranjib Talukdar and 2) Miss. Nabadita Sarma to appear before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati in said C.R.Case No.4787/2017 on or before 31.01.2019 and thereafter, as and when the said C.R. Case is fixed.

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In the event of such appearance of the petitioners before the learned JMFC, Kamrup (M), Guwahati in C.R.Case No.4787/2017 on or before 31.01.2019 and in the event of filing any such bail application(s) and application(s) for recalling the orders of NBWAs issued against them in the said C.R. Case, the learned JMFC, Kamrup (M), Guwahati shall consider

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the same in accordance with law, securing the presence of the accused petitioners, named above, in the said C.R.Case No.4787/2017 on its subsequent dates and during its trial.

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Enabling the petitioners, namely, 1) Sri Chiranjib Talukdar and 2) Miss. Nabadita Sarma to appear before the learned JMFC, Kamrup (M), Guwahati on or before 31.01.2019 in said C.R.Case No.4787/2017, the orders of NBWAs, issued against them, in said C.R. Case, passed earlier, shall remain suspended till 31.01.2019 only.

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However, it is made clear that failure on the part of the petitioners, named above, to appear before the learned JMFC, Kamrup (M), Guwahati on or before 31.01.2019 and thereafter, in the said C.R.Case No.4787/2017, the said learned Magistrate shall be at liberty to pass any such order, which he deems fit and necessary, securing the appearance of the said accused petitioners in the said C.R Case on the dates fixed and during its trial.

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It is further made clear that time for appearance of the petitioners, named above in said C.R.Case No.4787/2017 before the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati shall not be extended further, as they are aware of the said case.

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With the aforesaid observation and direction, this criminal petition stands disposed off.

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JUDGE

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Comparing Assistant

Chiranjib Talukdar and Anr. v. Hiranmai Kalita and Anr.

Case brief

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Chiranjib Talukdar and Anr. v. Hiranmai Kalita and Anr.

Case brief

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