Allowed

Anuradha Dhar v. the State of Assam and Anr.

Gauhati HC10 Jan 2019Crl.Pet./31/2019

Case brief

AI extract

What is this about?

The Court disposed of the criminal petition directing the petitioner to appear before the trial Magistrate on 25.01.2019 to seek recall of arrest warrants and bail. NBWAs were stayed conditionally until that date to enable appearance, with liberty to the trial court to pass fit orders thereafter.

What did the court decide?

Petitioner directed to appear in trial on 25.01.2019 for bail/recall application; NBWAs stayed until that date.

Anuradha Dhar Vs the State of Assam and Anr. — Cheque Dishonour | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010004962019

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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. 31/2019

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1:ANURADHA DHAR

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W/O KARNENDHU DHAR, R/O VILL. BAHADURPUR, PO AND PS NILAMBAZAR, DIST. KARIMGANJ, 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:NIRUPOM DAS S/O LATE NIRMALENDU DAS R/O SETTLEMENT ROAD PO SETTLEMENT ROAD PS AND DIST. KARIMGANJ ASSA

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 10-01-2019

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Heard Mr. H R Choudhury, learned counsel for the petitioner and Mr. N J Dutta, learned Additional Public Prosecutor, Assam appearing for the opposite party No. 1 State.

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The petitioner is an accused in C.R. Case No. 03/2015 under Section 138 of the NI Act that was preferred by the opposite party No. 2 and the proceeding of the same is presently pending before the learned Additional Chief Judicial Magistrate, Karimganj. The petitioner is aware of the said complaint case and on 17.03.2015, she entered appearance in the matter through her counsel and by filing petition sought for time for her appearance in the said case. But she did not appear personally in the said case before the learned Trial Magistrate at Karimganj and went on taking time by filing various petitions for her appearance. As such, the learned Trial Magistrate by his order dated 09.06.2015 issued order of Non-Bailable Warrant of Arrest (NBWA) against the petitioner for her appearance in the case and thereafter, passed several orders in the said C.R. Case No. 03/2015 issuing NBWAs for her appearance in the case. In spite of the same, the petitioner did not appear in the matter.

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It is contended by the petitioner that her husband was a Goldsmith by profession and had a Jewellery shop at the heart of Karimganj town in the name of Rupayani Jewellery, but as her husband suffered loss in his said business, as such, they shifted outside the Karimganj district so as to maintain their livelihood for which she could not appear before the learned Trial Magistrate in said C.R. Case No. 03/2015 personally though she was represented by her counsel.

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It is submitted that because of her such non-appearance, the learned Additional Chief Judicial Magistrate, Karimganj issued Non-Bailable Warrant NBWAs and Proclamation and Attachment (P&A) against her for her appearance in the case. It is stated that the petitioner is willing to appear before the learned Trial Magistrate and to contest the same as well as intends to face the trial, but because of the order of NBWAs and P&As issued against her in said C.R. Case No. 03/2015, she is of the apprehension that on her such appearance before the learned Trial Magistrate, she will be arrested and shall be detained in custody. Hence, this criminal petition.

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After hearing the learned counsel for the petitioner and the learned Additional Public Prosecutor, Assam, this criminal petition is disposed of at the motion stage itself directing the petitioner, namely, Smti. Anuradha Dhar, to appear before the learned Additional Chief Judicial

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Page No.# 3/3

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Magistrate, Karimganj in said C.R. Case No. 03/2015 on or before 25.01.2019 without fail.

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In the event of such appearance of the petitioner by 25.01.2019 before the learned Additional Chief Judicial Magistrate, Karimganj in said C.R. Case No. 03/2015 and on filing any such application for recalling the orders of NBWAs and P&As as well as application for her bail in said C.R. Case No. 03/2015, the said Trial Magistrate shall consider the same in accordance with law securing the presence of the petitioner in said C.R. Case on its subsequent dates and during its trial.

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Enabling the petitioner to appear before the learned Additional Chief Judicial Magistrate, Karimganj in said C.R. Case No. 03/2015 on or before 25.01.2019, it is observed that the order of NBWAs and P&As issued against the petitioner, Smti. Anuradha Dhar by the learned Additional Chief Judicial Magistrate, Karimganj in C.R. Case No. 03/2015 shall not be given effect till 25.01.2019.

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However, it is made clear that failure on the part of the said petitioner to appear before the learned Additional Chief Judicial Magistrate, Karimganj by 25.01.2019 in said C.R. Case No. 03/2015, the learned Trial Magistrate shall be at liberty to pass any such order as he deem fit and necessary securing the presence of the petitioner in said C.R. Case No. 03/2015.

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Moreover, it is also made clear that the appearance of the petitioner in said C.R. Case No. 03/2015 before the learned Additional Chief Judicial Magistrate, Karimganj shall not be extended beyond 25.01.2019 as the petitioner did not appear before the said learned Magistrate, Karimganj in said C.R. Case No. 03/2015 since 17.03.2015 in spite of the fact that the petitioner is fully aware of the said C.R. Case No. 03/2015 which is pending for disposal since last 2015.

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

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JUDGE

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Comparing Assistant

Anuradha Dhar v. the State of Assam and Anr.

Case brief

What is this about?

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Anuradha Dhar v. the State of Assam and Anr.

Case brief

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