Disposed

Md. Babul Hussain v. the State of Assam

Gauhati HC17 Nov 2020Crl.Pet./536/2020

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking to quash the trial court's order for Non-Bailable Warrant and Prohibition Advicance. The petitioner alleged ignorance of case transfer. The Court held the petitioner was a willful defaulter and found no illegality in the impugned order, but directed the petitioner to approach the trial court for bail and restoration.

What did the court decide?

Directs petitioner to appear before trial court within 15 days to seek regular bail and restoration of case.

Md. Babul Hussain Vs the State of Assam — Criminal Trial and Appeal | Gauhati HC (2020)

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GAHC010152442020

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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./536/2020

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MD. BABUL HUSSAIN

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S/O MD. NUR NOBI, R/O VILL-DOTURI, P.O.-KAWATIKA, P.S.-BIJNI, DISTCHIRANG (BTAD), ASSAM, PIN-783390

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. A R SHOME

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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17-11-2020.

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By filing this petition under Section 482 of the CrPC, the petitioner has prayed for setting aside and quashing the order dated 30.01.2016, whereby the learned Sessions Judge, Chirang at Kajalgaon had issued P&A against the accused/petitioner, in Sessions Case No.21(B)/2015.

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Heard Mr. A.R. Shome, learned counsel for the petitioner as well as Mr. D. Das, learned Addl. P.P., Assam appearing for and on behalf of the State respondent and perused the record.

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Initially the petitioner herein was facing trial in connection with the Sessions Case No.148(B)/2012, under Section 489(b) of the IPC. On bifurcation of Bongaigaon District into two Districts, the case of the present petitioner was transferred to the newly created Court of learned Sessions Judge, Chirang

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at Kajalgaon and the case was renumbered as Sessions Case No.21(B)/2015. During the trial, the petitioner turned defaulter for which the learned trial Court issued the NBWA against him, since 28.01.2015 onwards.

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Now the petitioner contended that he was not aware about transfer of the case from the Court at Bongaigaon to the Court of Chirang and the Court at Chirang has finally filed the case after issuance of NBWA and P&A, by the order dated 31.03.2016. The present petition is preferred for quashing of the impugned order dated 30.01.2016 and subsequent orders as well, by contending that the petitioner is ready to fact the trial but because of his ignorance about transfer of the case, he could not appear before the learned trial Court.

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I have heard the submission of learned counsel for the petitioner as well as the learned Addl. P.P., Assam.

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The petitioner herein appears to be willful defaulter in the aforesaid case and there is no any illegality in the order so passed by the learned trial Court. Since 2015, the petitioner was not attending the Court nor enquired about whereabouts of the case. That being so, his conduct is found to be not bonafide and now he has approached this Court for quashing of the aforesaid order after several years.

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After going through the record, this Court find no any illegality in the order so passed by the learned trial Court, issuing the NBWA and P&A against the petitioner, calling for interference.

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However the petitioner has the liberty to approach the learned trial Court to face the trial and pray for his bail.

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Accordingly the petition stands disposed of at the motion stage itself with direction to the petitioner to appear before the learned trial Court within 15 days from today, with a petition seeking regular bail and for restoration of the case and the learned trial Court will consider and dispose of the same in accordance with law.

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The petition stands disposed of.

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JUDGE

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Comparing Assistant

Md. Babul Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Babul Hussain v. the State of Assam

Case brief

What is this about?

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