Criminal petitioner sought quashment of a non-bailable warrant issued without exhausting Section 82 CrPC formalities. The court stayed the warrant for 20 days and directed the petitioner to apply for bail.
The non-bailable warrant was kept in abeyance for 20 days so the petitioner could apply for bail.
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GAHC010019622022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./75/2022
ANOWAR HUSSAIN SON OF ALLAUDDIN
PERMANENT RESIDENT OF ALLAPUR, P.O. KANAIH BAZAR, UNDER PATHARKANDI POLICE STATION, IN THE DISTRICT OF KARIMGANJ, ASSAM, PIN CODE-788724
VERSUS
THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM
2:SRI JAHANAM HAZARIKA S.I. OF POLICE PATHARKANDI POLICE STATION DIST. KARIMGANJ ASSA
Advocate for the Petitioner : MR P KATAKI
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE HITESH KUMAR SARMA
07-02-2022
The Court proceedings have been conducted through VideoConference due to Covid-19 pandemic.
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Heard Mr. P. Kataki, learned counsel for the petitioner. Also heard Ms. S.H. Borah, learned Additional Public Prosecutor, Assam appearing for the State Respondent No.1.
This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of the order dated 17.11.2021 passed by the learned Special Judge, Karimganj in Special (NDPS) Case No.67/2021 under Section 21(C)/29 of the NDPS Act.
Perused the petition and the annexures furnished therewith including the copy of the impugned order.
The facts leading to this application is that the petitioner was shown as absconder along with other co-accused in the charge-sheet laid in the aforesaid case for offence under Sections 22(C)/29 of the NDPS Act. Thereafter, the learned Special Judge, vide the order impugned in this application i.e. order dated 17.11.2021 ordered issuance of non-bailable warrant of arrest against the petitioner without exhausting the required legal formalities as per the procedure laid down in Section 82 of the Code of Criminal Procedure. On that ground quashment of the impugned order has been sought for. It appears from the materials placed before this Court as well as the submissions made by the learned counsel for the petitioner that the prime issue raised in this case is the issuance of nonbailable warrant of arrest without exhausting the legal procedure laid down by the learned Court below.
That being so, this Court proposes to dispose of this application at this motion stage itself with the directions that the non-bailable warrant of arrest issued against the petitioner shall be kept in abeyance for a period
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of 20 days from today and during this period of 20 days, the petitioner shall not be arrested. He shall appear before the learned Court below and shall file an appropriate application for bail, which the learned Court below shall consider it on its own merit.
However, in the event the petitioner does not appear before the learned Court below within the stipulated time, the keeping the warrant of arrest in abeyance shall automatically stand vacated.
This criminal petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the issuance of a non-bailable warrant without exhausting legal formalities under Section 82 CrPC warrants quashment of the impugned order.
1 provisions across 1 enactments
Anowar Hussain Son of Allauddin
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
