Dismissed

MD Abdul Kalam v. the State of Assam and Anr.

Gauhati HC7 Feb 2023Crl.Pet./71/2023

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a criminal petition wherein the petitioner challenged his status as an absconder in a charge-sheet. The court held that since the trial court issued a summons, the court did not declare the petitioner an absconder under Section 82 CrPC, making this a fit case to quash the charge-sheet. The petitioner was granted further time to appear.

What did the court decide?

Granted seven days time to appear before the trial court to show cause for non-appearance on the fixed date.

MD Abdul Kalam Vs the State of Assam and Anr. — Criminal Trial and Appeal | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010013102023

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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./71/2023

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MD ABDUL KALAM S/O LATE SAMAR ALI VILL- MOHGHULI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM

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VERSUS

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

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2:MUST. TOSLIMA BEGUM W/O MD. MOIJUL ISLAM VILL- MOHGHULI P.O. SALMORA TINIALI P.S. NORTH LAKHIMPUR

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DIST. LAKHIMPUR ASSAM PIN-78705

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Advocate for the Petitioner : MR. S Y AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 07.02.2023

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Heard Mr. N.H. Barbhuiya, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP for the State.

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In view of the nature of order proposed to be passed, the service of notice on respondent no.2 is dispensed with.

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By this application under Section 482 CrPC, the petitioner has assailed charge-sheet no. 102/2021 dated 22.04.2021 in connection with Lakhimpur PS Case No.544/2020 wherein the petitioner has been shown as an absconder.

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The materials available in this criminal petition, amongst others, discloses that by Annexure-7, which is a summons issued in connection with GR Case No. 1278/2020, notwithstanding that the police has projected the petitioner to be an absconder in the charge-sheet, the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur has issued a summons to the petitioner for appearance. It appears from Annexure-8 to this criminal petition that by order dated 21.12.2022, next date fixed for appearance on the basis of summons is on 08.02.2023.

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Therefore, it is apparent that notwithstanding the status of the petitioner as absconder in the charge-sheet, the learned trial Court has not declared the petitioner to be an absconder within the meaning of Section 82 CrPC.

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The learned counsel for the petitioner has submitted that he apprehends arrest on appearance. The Court does not find any merit in the said

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submission because it is incomprehensible that the Court would arrest a person who is appearing on the basis of a summons. However, it is open to the leaned trial Court to have the person arrested in the event the Court does not find his bailor/ surety to be solvent, or for any other appropriate reason.

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Be that as it may, as the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur has issued summons to the petitioner to appear and the case is fixed for appearance on 08.02.2023, the Court does not find this to be a fit case to exercise inherent jurisdiction of the Court to quash the charge-sheet merely because the petitioner is shown as an absconder by the I.O., which is inevitable because the petitioner did not cooperate with the investigation.

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As the date of appearance is fixed on 08.02.2023, the learned counsel for the petitioner prays for and is granted further 7(seven) days time to appear before the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur by showing cause for non-appearance on the date fixed.

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With the aforesaid observation, this criminal petition stands dismissed at the order stage without waiting for the service of notice to the respondent no.2.

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JUDGE

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Comparing Assistant

MD Abdul Kalam v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

MD Abdul Kalam v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

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Issues for consideration

Statutes considered

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