Dismissed

Bilal Uddin Mazumder @ Bilal Hussain Mazumder v. the State of Assam and Anr.

Gauhati HC11 Nov 2021Crl.Pet./614/2021

Case brief

AI extract

What is this about?

The High Court rejected the petition to quish summons in a criminal trial for offences under IPC Sections 147, 148, 149, 341, 342, 326, and 302. Finding no illegality in the trial court's order, it ordered the petitioner to appear with a bail application.

What did the court decide?

The petition was disposed of with a direction to the petitioner to appear before the learned trial Court along with an application for bail.

Bilal Uddin Mazumder @ Bilal Hussain Mazumder Vs the State… — Quashing and FIR | Gauhati HC (2021)

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GAHC010177282021

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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./614/2021

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BILAL UDDIN MAZUMDER @ BILAL HUSSAIN MAZUMDER S/O NASIR UDDIN MAZUMDER VILL- BAR HAILAKANDI PT.I P.O. AND P.S. HAILAKANDI DIST. HAILAKANDI, ASSAM PIN-788151

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VERSUS

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

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2:SRI ASHISH SHARMA MAZUMDER S/O LATE ASHUTOSH SHARMA MAZUMDER R/O BHATIRKUPA PT.III MAZUMDER GAON P.O. AND P.S. HAILAKANDI DIST. HAILAKANDI ASSAM PIN-78815

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Advocate for the Petitioner : MS. S B CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

O R D E R

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11.11.2021.

By way of this petition under Section 482 of the CrPC, the petitioner has sought for quashing of the impugned order dated 25.11.2020, passed by the Munsiff No.2 cum JMFC, Hailakandi, issuing summons against the present petitioner, in connection with the PRC/275/2020 corresponding to Algapur P.S. Case No.50/2020 (G.R. Case No.296/2020), registered under Sections 147/148/149/341/342/326/302 of the IPC.

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Heard the submission of learned counsel for the petitioner and also the learned Addl. P.P., Assam, representing the State/respondent No.1.

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Also perused the record.

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On perusal of the documents annexed, it is apparent that the accused/petitioner is an FIR named accused, in a case registered under Section 302 IPC, along with other Sections of law and he has been shown absconder in the charge sheet and the learned trial Court has now issued summons against the accused/petitioner to appear before the Court.

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Now the accused/petitioner has approached this Court with the prayer to give certain directions to the trial Court. It is submitted that the accused/petitioner was in home quarantine due to Covid-19 pandemic, since 19.07.2020 to 01.08.2020 and he is in apprehension that he may be taken into custody in view of the nature of offence.

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On bare perusal of the documents on record, it reveals that there is no illegality or irregularity in the order so passed by the learned trial Court, by issuing summons to the accused/petitioner in a liberal manner. That being so, in a petition 482 of the CrPC, this Court is not empowered to pass any direction to the trial Court, while the legal proceeding has already initiated against the accused in a proper manner.

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So far as regards the bail is concerned, it is upto the learned trial Court to consider the same on the basis of materials available on record. Accordingly this Court refrained from passing any sort of direction as sought for.

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Accordingly the petition is disposed of at the motion stage itself with a direction to the petitioner to appear before the learned trial Court along with bail application and the learned

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trial Court will consider and dispose of the same, in accordance with the law.

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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Bilal Uddin Mazumder @ Bilal Hussain Mazumder v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Bilal Uddin Mazumder @ Bilal Hussain Mazumder 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

Statutes considered

Parties & counsel

Coram

Case details

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