Disposed

Anam Uddin Borbhuiya v. the State of Assam and Anr.

Gauhati HC7 Jan 2019Crl.Pet./8/2019

Case brief

AI extract

What is this about?

In this criminal petition seeking quashing of an arrest warrant under Section 482 CrPC, the Gauhati High Court disposed of the matter at the motion stage. The court directed the petitioner to appear before the Sessions Judge on a specific date and suspended Non-Bailable Warrant orders until that date while leaving the Trial Judge liberty to act if the petitioner fails to appear.

What did the court decide?

Petitioner directed to appear on 19.01.2019; NBWAs suspended until that date; Trial Judge retains liberty to act if appearance fails.

Anam Uddin Borbhuiya Vs the State of Assam and Anr. — Criminal Trial and Appeal | Gauhati HC (2019)

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GAHC010001162019

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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. 8/2019

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1:ANAM UDDIN BORBHUIYA S/O BADAR UDDIN BORBHUIYA R/O VILL- KASHIPUR P.O.AND P.S. BORKHALA DIST. CACHAR, ASSAM

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VERSUS

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

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2:ALIM UDDIN LASKAR (INFORMANT) S/O LATE MORAM ALI LASKAR R/O SUNAPUR PART-I

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P.O. AND P.S. BORKHALA DIST. CACHAR ASSA

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Advocate for the Petitioner : MR S DAS

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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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07-01-2019

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Heard Mr. S. Das, learned counsel for the petitioner and Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam for the Opposite Party No.1, State.

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This criminal petition has been filed by the petitioner, namely, Anam Uddin Borbhuiya under Section 482 CrPC seeking quashing of the order dated 30.10.2018 passed by the learned Additional Sessions Judge, Cachar, Silchar in Special (POCSO) Case No.36/2016 registered under Section 6 of the POCSO Act by which the learned Special Judge has issued Warrant of arrest against the petitioner due to his non-appearance in said case.

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The petitioner is an FIR named and charge sheeted accused in Special (POCSO) Case No.36/2016 arising out of Borkhola Police Station Case No. 370/2016 registered under Section 6 of the POCSO Act.

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The informant/opposite party No.2 in the FIR dated 01.11.2016 filed before the Officerin-charge of Borkhola Police Station alleged that the present accused petitioner along with 3 others kidnapped his sister, raped her and then abandoned her in the place of occurrence.

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Mr. Das, learned counsel for the petitioner submitted that though in the FIR names of all the four accused persons were shown but in the charge sheet only the petitioner has been shown as an absconder, though he was very much present in his house in the given address.

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It is stated by the petitioner that he is willing to appear before the learned Trial Judge and wants to participate in the trial of the said Special (POCSO) Case No.36/2016, but due to the orders of NBWAs issued against him in the said Special Case, being in force, he is of the apprehension that he would be arrested on his such appearance in the case and shall be detained in custody.

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Considering the above, this criminal petition is disposed of at the motion stage itself directing the petitioner, Anam Uddin Borbhuiya to appear before the learned Additional Sessions Judge, Cachar, Silchar in said Special (POCSO) Case No.36/2016 on 19.01.2019 and thereafter, as and when the said case is fixed.

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In the event of such appearance of the petitioner before the learned Additional Sessions Judge, Cachar, Silchar in Special (POCSO) Case No.36/2016 on or before 19.01.2019 and in the event of filing any such bail application and application for recalling the orders of NBWAs issued against him in the said Special Case, the learned Additional Sessions Judge, Cachar, Silchar shall consider the same in accordance with law, securing the presence of the accused petitioner, named above, in the said Special (POCSO) Case

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No.36/2016 on its subsequent dates and during its trial.

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Till such appearance of the petitioner, Anam Uddin Borbhuiya on or before 19.01.2019 before the learned Additional Sessions Judge, Cachar, Silchar in said Special (POCSO) Case No.36/2016, the orders of NBWAs, issued against him, in said Special Case, passed earlier, shall remain suspended till 19.01.2019 only, so as to enable him to appear before the said learned Addl. Sessions Judge by 19.01.2019.

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However, it is made clear that failure on the part of the petitioner, named above, to appear before the learned Addl. Sessions Judge, Cachar, Silchar on or before 19.01.2019 and thereafter, in the said Special (POCSO) Case No.36/2016, the learned Trial Judge shall be at liberty to pass any such order, which he deems fit and necessary, securing the appearance of the said accused petitioner in the said Special Case.

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It is further made clear that time for appearance of the petitioner in said Special (POCSO) Case No.36/2016 before the learned Addl. Sessions Judge, Cachar, Silchar shall not be extended further, as he is aware of the 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

Anam Uddin Borbhuiya v. the State of Assam and Anr.

Case brief

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Anam Uddin Borbhuiya v. the State of Assam and Anr.

Case brief

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