Disposed

Ful Mahmad Ali and Anr. v. the State of Assam and Anr.

Gauhati HC11 Jan 2019Crl.Pet./30/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a criminal petition challenging bailable and non-bailable warrants issued in a pending trial. The Court directed petitioners to appear before the Sub-Divisional Judicial Magistrate, Rangia by 04.02.2019 to seek recall of warrants or bail, with warrants suspended until that date.

What did the court decide?

Petitioners directed to appear before Sub-Divisional Judicial Magistrate, Rangia by 04.02.2019 to move for recall of warrants or apply for bail; warrants stayed until that date.

Ful Mahmad Ali and Anr. Vs the State of Assam… — Civil Procedure and Limitation | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010003092019

¶3

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

¶4

Case No. : Crl.Pet. 30/2019

¶5

1:FUL MAHMAD ALI AND ANR.

¶6

S/O LATE SAHNUR ALI, R/O VILLAGE SHAPKUCHI, PO AND PS BAIHATA CHARIALI, DIST. KAMRUP (ASSAM), PIN-781381, PHONE NO. 9706778960

¶7

2: FARZAN ALI

¶8

S/O LATE SAFED ALI

¶9

R/O VILLAGE SHAPKUCHI PO AND PS BAIHATA CHARIALI DIST. KAMRUP (ASSAM) PIN-781381 PHONE NO. 970677896

¶10

VERSUS

¶11

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

¶12

2:ZAHANARA BEGUM W/O LATE SAIFUDDIN ALI R/O VILLAGE SHAPKUCHI PO AND PS BAIHATA CHARIALI PIN-781381 DIST. KAMRUP (ASSAM

¶13

Advocate for the Petitioner : MR. P P DAS

¶14

Advocate for the Respondent : PP, ASSAM

¶15

Page No.# 2/3

¶16

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

¶17

ORDER

¶18

Date : 11-01-2019

¶19

Heard Mr. P P Das, learned counsel for the petitioners and Ms. M Bhuyan, learned Additional Public Prosecutor, Assam for the respondent No. 1.

¶20

Petitioners herein are FIR named and charge-sheeted accused in Baihata Chariali P.S. Case No. 209/2012 corresponding to G.R. Case No. 1104/2012, the proceeding of which is presently pending before the learned Sub-Divisional Judicial Magistrate (M), Rangia.

¶21

Petitioners herein are aggrieved by the orders dated 01.04.2014 and 17.10.2014, whereby the learned Trial Magistrate issued order of Bailable Warrant of Arrest (BWA) as well as Non-Bailable Warrant of Arrest (NBWA) respectively against them for their non-appearance in the matter.

¶22

It is submitted by Mr. Das, learned counsel for the petitioners that the learned Trial Magistrate without ascertaining as to whether summons were served upon the petitioners or not, passed the said orders of BWA and NBWA against them and hence, this criminal petition by the petitioners praying for setting aside the said orders of BWA and NBWA issued against them in said G.R. Case No. 1104/2012.

¶23

It is contended by the petitioners that they did not receive any summons of the said G.R. Case No. 1104/2012 from the Court of the learned SDJM (M), Rangia and very recently they have come to know about the said proceeding.

¶24

It is also submitted that the petitioners are willing to appear before the learned Trial Magistrate in said G.R. Case No. 1104/2012 on the date that may be fixed by the Court and want to contest the same as well as intends to face the trial. However, in view of the orders of NBWA being in force against them in said G.R. Case No. 1104/2012, the petitioners are of the apprehension that on their such appearance before the learned Trial Magistrate, they will be arrested and shall be detained in custody.

¶25

After hearing the learned counsel for the petitioners as well as the learned Additional Public Prosecutor, Assam; this criminal petition is disposed of at the motion stage itself directing the petitioners, namely, (i) Ful Mahmad Ali and (ii) Md. Farzan Ali, to appear before the learned SDJM (M), Rangia in said G.R. Case No. 1104/2012 on or before 04.02.2019 without fail.

¶26

In the event of such appearance of the petitioners by 04.02.2019 before the learned SDJM

¶27

Page No.# 3/3

¶28

(M), Rangia in said G.R. Case No. 1104/2012 and on filing any such application for recalling the orders of BWA and NBWA and/or any bail application(s) in said G.R. Case No. 1104/2012, the learned Trial Magistrate shall consider the same in accordance with law, securing the presence of those accused petitioners in said G.R. Case on its subsequent dates and during its trial.

¶29

Enabling the petitioners, named above, to appear before the learned Sub-Divisional Judicial Magistrate (M), Rangia in said G.R. Case No. 1104/2012 on or before 04.02.2019, it is observed that the orders of BWA and NBWA issued against the petitioners, (i) Ful Mahmad Ali and (ii) Md. Farzan Ali by the learned SDJM (M), Rangia in G.R. Case No. 1104/2012 shall not be given effect till 04.02.2019.

¶30

However, it is made clear that failure on the part of the said petitioners to appear before the learned Sub-Divisional Judicial Magistrate (M), Rangia by 04.02.2019 in said G.R. Case No. 1104/2012, the learned Trial Magistrate shall be at liberty to pass any such order as he deem fit and necessary securing the presence of the petitioners in said G.R. Case No. 1104/2012.

¶31

Moreover, it is also made clear that the appearance of the petitioners in said G.R. Case No. 1104/2012 before the learned Sub-Divisional Judicial Magistrate (M), Rangia shall not be extended beyond 04.02.2019 as the petitioners are fully aware of the said G.R. Case No. 1104/2012, which is pending for disposal since last 2012.

¶32

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

¶33

JUDGE

¶34

Comparing Assistant

Ful Mahmad Ali and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Ful Mahmad Ali and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Anuradha Dhar Vs the State of Assam and Anr.

Karnendu Dhar Vs the State of Assam and Anr.

Prasenjit Roy and Anr. Vs the State of Assam

Sunit Kumar Das and 2 Ors. Vs the State of Assam and Anr.

Jakir Hussain Vs the State of Assam and Anr.

Anita Nath Vs Deepak Agarwal and 3 Ors.