Md. Hamja Ali and 2 Ors. v. the State of Assam and Anr.
Case brief
What is this about?
Petitioners challenged the issuance of Non-Bailable Warrants (NBWA) for offences triable by warrant procedure. The Court granted liberty to the juvenile petitioner to raise juvenility plea before the trial court and ordered the NBWA against the veteran and juvenile petitioners to remain suspended for them to appear within 15 days.
What did the court decide?
Petition disposed. NBWA against petitioner No.2 and 3 suspended. Directed to appear in 15 days to recall NBWA. Liberty to raise plea of juvenility before trial court.
What the court decided
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GAHC010050812019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 266/2019
1:MD. HAMJA ALI AND 2 ORS.
S/O KAFNUR ALI, R/O NA-PAMUA VILLAGE, P.O.-MEROMUKH, P.S.NARAYANPUR, DIST-LAKHIMPUR, ASSAM
2: MISS MOMTA BEGUM @ MISS MUMTAZ BEGUM W/O MD. HAMJA ALI R/O NA-PAMUA VILLAGE P.O.-MEROMUKH P.S.-NARAYANPUR DIST-LAKHIMPUR ASSAM 3: MD. RAHIM ALI S/O MD. HAMJA ALI R/O NA-PAMUA VILLAGE P.O.-MEROMUKH P.S.-NARAYANPUR DIST-LAKHIMPUR ASSAM (REPRESENTED BY THE FATHER I.E. PETITIONER NO. 1
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MISS JAHIRA BEGUM W/O MD. JALU ALI R/O NA-PAMUA VILLAGE P.S.-NARAYANPUR DIST-LAKHIMPUR ASSA
Advocate for the Petitioner : MR. S NEOG
Issues for consideration
2 issues framed by the court
Whether NBWA issued against petitioners on bail and against a juvenile can be quashed under Section 482 CrPC read with Article 227.
Whether the issue of juvenility regarding petitioner No.3 requires examination by the trial court under the Juvenile Justice Act.
Parties & counsel
- petitioner
MD. HAMJA ALI AND 2 ORS.
- respondent
THE STATE OF ASSAM
- respondent
MISS JAHIRA BEGUM
Coram
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · March
- Registered
- Case no.
- Crl.Pet./266/2019
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