The petitioner challenged notices calling for bail. He claimed summons were never served and no police report existed. The High Court disposed of the petition keeping the non-bailable warrant in abeyance until the trial Court is approached for recall.
To keep the non-bailable warrant in abeyance till the petitioner appears before the trial Court.
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GAHC010043392019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P. 80/2019
1:RAJU BORA S/O SRI BIPUL BORA, R/O VILL NO. 1, TENGA PATHAR, DIST-LAKHIMPUR, (ASSAM)
VERSUS
1:THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:MS. BEUTY BORAH W/O NOIKHATRA BORAH VILL.-RUDRESWAR P.S.-CHANGSARI DIST-KAMRUP (ASSAM) PIN-78110
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 01-03-2019
Heard Mr. M Biswas, learned counsel for the petitioner.
Aggrieved by the order dated 17.05.2018 and 18.02.2019, the petitioner filed the instant petition praying for quashing the impugned order(s) whereby, NBWA was issued against the petitioner.
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Learned counsel for the petitioner submits that summon was never served upon the petitioner and as such, he was not aware of the pendency of the case. It is also submitted by the learned counsel referring to the order dated 07.03.2018 and 17.05.2018 that though summon was issued, there was no report from the police with regard to service of summon and as such, NBWA was issued without service of summons.
Order dated 07.03.2018 shows that initially summon was issued but no service report was received, and therefore, learned trial Court called for a report from the I/O. On the next date fixed, no report was received, however, learned Magistrate issued BWA and subsequently, NBWA was also issued without receiving any report as to the execution of the BWA.
In view of the above, this petition is disposed of with liberty to the petitioner to appear before the learned trial Court on the next date and to file appropriate application praying for recalling the warrant of arrest, if so advised. In the event of filing such application, learned trial Court shall consider the same in accordance with law.
Till then, the NBWA issued against the petitioner shall be kept in abeyance.
J U D G E
Smita
Comparing Assistant
2 issues framed by the court
Whether the non-bailable warrant should be kept in abeyance by the High Court pending application for recall from the trial Court.
Whether the issuance of a non-bailable warrant was violative of due process in view of non-service of summons and lack of police report.
Raju Bora
The State of Assam
Mir Alfas Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
