Disposed

Anup Jyoti Gogoi v. the State of Assam and Anr.

Gauhati HC7 Jan 2019Crl.Pet./7/2019

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition praying for the recall of a warrant of arrest to enable the petitioner to appear in a General Return Case without apprehension of arrest, directing a specific date for appearance and suspending the warrant temporarily.

What did the court decide?

Petitioner directed to appear on 21.01.2019; warrant of arrest suspended till that date.

Anup Jyoti Gogoi Vs the State of Assam and Anr. — Criminal Trial and Appeal | Gauhati HC (2019)

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GAHC010287622018

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THE GAUHATI HIGH COURT

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

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Case No. : Crl.Pet. 7/2019

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1:ANUP JYOTI GOGOI

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S/O MAKHAN GOGOI, R/O KHALIHAMARI, PS AND DIST. DIBRUGARH, 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:MANOJ KUMAR SHARMA AUTHORIZED SIGNATORY BAGRODIA TEA CO. (P) LTD. BAGRODIA BHAWAN PW ROAD DIBRUGARH-78600

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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 HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 07-01-2019

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Heard Mr. R. Phukan, learned counsel for the petitioner and Mr. R.J. Barua, learned Additional Public Prosecutor, Assam appearing for the Opposite Party No. 1.

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By this criminal petition under Section 482 read with Section 401 of the Cr.P.C. the petitioner, namely, Sri Anup Jyoti Gogoi has prayed for recalling the order of Warrant of

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Arrest, passed by the learned SDJM (S), Dibrugarh in GR Case No. 1052/2015 for his appearance in the said case.

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It is placed before the Court that the accused petitioner all along appeared in the said G.R. Case. But on 24.09.2018 and 15.11.2018, he could not appear before the learned Trial Magistrate for which the order of Warrant of Arrest have been issued against him for his appearance in said G.R. Case No. 1052/2015.

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It is stated by the petitioner that he is willing to appear before the learned Trial Magistrate and wants to contest the said G.R. Case No. 1052/2015. But due to the orders of Warrant of Arrest issued against him in said G.R. Case No. 1052/2015 being in force he is of the apprehension that he would be arrested on such appearance.

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Considering the above, this criminal petition is disposed of at the motion stage itself directing the petitioner, Sri Anup Jyoti Gogoi to appear before the learned SDJM (S), Dibrugarh in G.R. Case No. 1052/2015 on 21.01.2019 and thereafter, as and when it is fixed.

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In the event of such appearance of the petitioner before the learned SDJM(S), Dibrugarh in G.R. Case No. 1052/2015 on 21.01.2019 and in the event of filing any such bail application and application for recalling the order of Warrant of Arrest issued against him in said G.R. Case No. 1052/2015, the concerned Magistrate, shall consider the same in accordance with law, securing the presence of the accused petitioner, Sri Anup Jyoti Gogoi in the said G.R. Case No. 1052/2015 on its subsequent dates and during its trial.

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Enabling the petitioner, Sri Anup Jyoti Gogoi to appear before the learned SDJM (S), Dibrugarh in said G.R. Case No. 1052/2015, the order of Warrant of Arrest, issued against him, in said G.R. Case No. 1052/2015, passed earlier, shall remain suspended till 21.01.2019 only.

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However, it is made clear that failure on the part of the petitioner, named above, to appear before the learned SDJM(S), Dibrugarh in said G.R. Case by 21.01.2019, learned Magistrate shall be at liberty to pass any such order, which he deems fit and necessary, securing the appearance of the said petitioner, Sri Anup Jyoti Gogoi in the said GR Case.

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It is further made clear that time for appearance of the petitioner in said G.R. Case No. 1052/2015 before the learned SDJM(S), Dibrugarh in said G.R. Case by 21.01.2019,

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learned Magistrate shall not be extended further, as he is aware of the case, which is pending for disposal.

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

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JUDGE

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Comparing Assistant

Anup Jyoti Gogoi v. the State of Assam and Anr.

Case brief

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Anup Jyoti Gogoi v. the State of Assam and Anr.

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