Disposed

Ashok Nath v. the State of Assam

Gauhati HC21 May 2019Crl.Pet./546/2019

Case brief

AI extract

What is this about?

A criminal petition under Section 482 CrPC seeking quashment of proceedings and stay of arrest warrant was disposed of by the High Court. The petitioner was directed to voluntarily appear before the lower court by a specified date to seek bail, though the stay on the warrant remains conditional upon such appearance.

What did the court decide?

Stayed the warrant of arrest till 30-05-2019 subject to appearance; petition disposed of.

Ashok Nath Vs the State of Assam — Criminal Trial and Appeal | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010108642019

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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. 546/2019

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1:ASHOK NATH

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S/O AMULYA NATH, R/O PRANTIK APARTMENT, NAVADYA NAGAR, PATHARKUCHI, P.S.-BASISTHA, KAMRUP(M), GUWAHATI

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. S K TALUKDAR Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 21-05-2019

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This is a petition under Section 482 of the Cr.P.C . seeking quashment of the order dated 07-06-2018 and the orders subsequent thereto, passed by the learned Judicial Magistrate, First Class, Kamrup (M), Guwahati, in GR Case No. 4697/2016, under Sections 143/447/341/427/506 of the IPC, issuing warrant of arrest against the petitioner.

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I have perused the petition as well as the annexures furnished thereto including the orders impugned in this case.

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I have also heard Mr. SK Talukdar, learned counsel appearing for the accused-petitioner and Mr. BB Gogoi, learned Additional Public Prosecutor, for the State respondent.

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It appears from the materials placed before this Court as well as it is submitted by the learned counsel for the petitioner that although the warrant of arrest has been issued against the petitioner yet he was never issued summon and he is not aware of the same.

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Whatever it may be, it is submitted by the learned counsel for the petitioner that the next date fixed in the case is 30-05-2019 on which date the accused-petitioner shall appear before the learned Court below and till then the warrant of arrest may be stayed.

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Page No.# 2/2

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On perusal of the impugned orders as well as on the basis of the assurance given by the learned counsel for the petitioner to the effect that the accused-petitioner would appear before the learned Court below on 30-05-2019, this petition stands disposed of with direction to the accused-petitioner to appear before the learned Court below on 30-05-2019 with appropriate application for bail, which the learned Court below shall consider and dispose of on its own merit taking into account all relevant factors.

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The warrant of arrest issued against the accused-petitioner shall remain stayed till 30-05-2019 .

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However, it is made clear that if the accused-petitioner does not appear in the Court below on the next date aforementioned, the order keeping the warrant of arrest in abeyance shall automatically stand vacated. With the above direction this petition stands disposed of at the motion stage itself.

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JUDGE

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Comparing Assistant

Ashok Nath v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ashok Nath v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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