Allowed

Md. Farjul Hoque v. the State of Assam

Gauhati HC8 Dec 2021Crl.Pet./722/2021

Case brief

AI extract

What is this about?

The petition challenged orders declaring him an absconder and issuing a non-bailable warrant under CrPC. The Court held that the warrant lacked reasons in the I/O report, directed the petitioner to appear within 15 days with a bail application, and stayed the warrant's execution pending appearance.

What did the court decide?

Execution of the non-bailable warrant stayed; Petitioner directed to appear before trial court within 15 days with bail application.

Md. Farjul Hoque Vs the State of Assam — Criminal Trial and Appeal | Gauhati HC (2021)

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GAHC010208162021

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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./722/2021

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MD. FARJUL HOQUE S/O LATE SANDU SHEK R/O HERAPATTY P.S. NAGAON SADAR P.O. HERAPATTY DIST. NAGAON, ASSAM PIN-782002

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VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N N B CHOUDHURY

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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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08.12.2021

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By way of this petition under Section 482 CrPC, the petitioner has prayed for stay/quashing of the impugned order dated 17.09.2021 passed by the learned Special

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Judge, Nagaon (Assam) as well as orders dated 23.09.2021 and 06.10.2021 passed by the learned Addl. District and Sessions Judge, No.3, Nagaon (Assam) whereby he was declared as absconder and issued NBWA against him.

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Heard Mr. NNB Choudhury, learned counsel for and on behalf of the petitioner as well as Mr. B. Sarma, learned Addl. Public Prosecutor, Assam representing the State. The petitioner herein has been shown as absconder in the charge sheet filed pertaining to Nagaon P.S. Case No.1823/2021 now pending before the learned Addl. District Judge, No.3, Nagaon in connection with NDPS Case No.166/2021.

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Learned trial court while taking cognizance of the offence after receipt of the charge sheet has issued non-bailable warrant of arrest against the present accused petitioner and one another as they are shown as absconders in the charge sheet vide order dated 23.09.2021 and subsequent orders.

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The petitioner has now challenged the impugned orders in the court contending that he was neither arrested in this case nor searched by police but he has been shown as absconder in the trial court. However, he is ready to face trial in terms of the process that has been issued but apprehending arrest he has prayed for recall of the warrant of arrest issued against him. Another contention that has been raised by the present petitioner is that his name is Md. Farjul Hoque and not Farjul Hoque @ Gonesh as has been shown in the charge sheet .

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Considered the documents that has been annexed and the submission advanced by the learned counsel for both the parties.

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On perusal of the impugned orders, it reveals that the learned trial court was pleased to issue non-bailable warrant of arrest only because the petitioner was shown as absconder without there being any reason to show in the report submitted by the I/O regarding showing him absconder. However, considering the submission made before this Court that the petitioner is still ready to face the trial, the present petition stands disposed of at the motion stage itself with a direction to the petitioner to appear before the learned trial court within 15 days from today with necessary bail application which will be

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considered and disposed of by the ld. Court in accordance with law. Till his appearance, execution of the warrant of arrest is hereby stayed.

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JUDGE

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Comparing Assistant

Md. Farjul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Farjul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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