Dismissed

MD Zenaid Uddin Ahmed @ MD Zunaid Uddin Ahmed v. the State of Assam and Anr.

Gauhati HC10 Dec 2021Crl.Pet./738/2021

Case brief

AI extract

What is this about?

The High Court disposed of a bail petition filed under Section 482 CrPC to recall a warrant of arrest and challenge a trial court order rejecting an application for extension of time. The judge held that Section 482 cannot be invoked casually and directed the petitioner to approach the trial court.

What did the court decide?

Petition disposed of; liberty granted to file a petition before the Additional Sessions Judge for relief.

MD Zenaid Uddin Ahmed @ MD Zunaid Uddin Ahmed Vs the State… — Bail and Remand | Gauhati HC (2021)

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GAHC010210002021

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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./738/2021

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MD ZENAID UDDIN AHMED @ MD ZUNAID UDDIN AHMED S/O HAREJ UDDIN AHMED, R/O VILL. GORAIMARI, P.S. ULLUONI, DIST. NAGAON

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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:ASHRAFUN NEHAR D/O SAIFUL ISLAM VILL. KATHPARA P.S. RUPAHIHAT DIST. NAGAO

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Advocate for the Petitioner : MR. N ZAMAN

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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 ORDER

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10.12.2021

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The petitioner, herein vide order dated 08.11.2021, passed by the learned Additional Sessions Judge (FTC), Nagaon, was granted interim protection from arrest in connection with PRC Case No. 276/2021, on a bail petition filed by him, to enable him to appear before the learned Magistrate, considering that he was a student of College. The petitioner could not turn up before the learned trial Court on the date so fixed and a

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petition was moved on his behalf before the learned Magistrate for sanction of time on medical ground, which was, however, rejected by the learned Magistrate vide order dated 23.11.2021 that the medical report submitted by the petitioner is not proper for consideration.

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Challenging the order of the learned Magistrate, now, the petitioner has filed the present petition under Section 482 CrPC, for quashing o the aforesaid order and for recalling the warrant of arrest, passed by the learned Magistrate.

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I have heard Mr S K Jain, learned counsel for the petitioner and also Mr B Sarma, learned Additional Public Prosecutor for the State of Assam.

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Also perused the documents annexed and the record.

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The documents annexed reveals that the charge sheet was filed against the petitioner under Sections 366/376 IPC and such a direction was given by the learned Additional Sessions Judge in a bail application only to enable him to appear before the learned Magistrate.

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In the fitness of the matter, it would be appropriate to approach the same Court, who has given the interim order and who can revisit its order, for granting extension of time, as sought for.

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Filing of a petition before this Court under Section 482 CrPC appears to be misconstrued in each and every aspect, and this Court cannot step into the order of bail. The provision of Section 482 CrPC cannot be invoked casually and it can be exercised only in exceptional circumstances with great care and circumspection. That being so, this court is not inclined to pass any order in this petition.

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Accordingly, the petition stands disposed of with a liberty to the petitioner to move a petition before the learned Court of Additional Sessions Judge, (FTC), for getting any relief, as sought for.

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With the aforesaid directions, this Criminal Petition stands disposed of.

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JUDGE

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Comparing Assistant

MD Zenaid Uddin Ahmed @ MD Zunaid Uddin Ahmed v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

MD Zenaid Uddin Ahmed @ MD Zunaid Uddin Ahmed 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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