Petitioner sought suspension of BWA and opportunity to appear before Special Judge. Court directed petitioner to appear within 10 days, suspending BWA execution conditionally.
Petitioner to appear within 10 days; execution of BWA kept in abeyance subject to appearance.
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GAHC010171742023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./796/2023
ROMEN NARAH @ ROMAN NARAH S/O- TAJIN NARAH, R/O- VILLAGE UJONI BIJOYPUR, P.S- JONAI, DIST- DHEMAJI, ASSAM, PIN-787060
VERSUS
THE STATE OF ASSAM AND 2 ORS. REP. BY PP, ASSAM
2:DEEPEN MEDOK GRAM PRADHAN LOT NO-44 S/O- LATE BILA MEDOK R/O- VILLAGE UJONI BIJOYPUR P.S- JONAI DIST- DHEMAJI ASSAM PIN-787060
3:NEHA NARAH W/O- ROMEN NARAH R/O- VILLAGE UJONI BIJOYPUR P.S- JONAI DIST- DHEMAJI ASSAM PIN-78706
Advocate for the Petitioner : MR. R P SARMAH
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 05.08.2023
Heard Mr. D. Doley, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State/respondent No.1.
By this petition under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for setting aside and quashing of the impugned order, dated 29.05.2023 and other subsequent orders, passed by the learned Special Judge, Dhemaji in Special (POCSO) Case No. 123(JN)/2023, whereby BWA has been issued against the petitioner.
Mr. Doley, learned counsel for the petitioner, submits that after completion of investigation, charge-sheet, vide No. 35/2023, dated 30.04.2023, was submitted against the petitioner, declaring him as absconder. Mr. Doley further submits that as the petitioner was not acquainted with the legal intricacies, he could not appear before the learned Court below and, as such, BWA was issued against him due to his non-appearance. Therefore, Mr. Doley submits that an opportunity may be given to the petitioner for his appearance before the learned Court below and till his appearance, the execution of BWA issued against him may be directed to be kept in abeyance.
Mr. Sarma, learned Additional Public Prosecutor, submits that in the backdrop of facts stated above, the petitioner may be directed to appear before the learned Court below subject to conditions.
Considering entire aspects of the matter, it is provided that the petitioner shall appear before the learned Court below within 10 (ten) days from today
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and till his appearance, the execution of BWA issued against him shall be kept in abeyance subject to the condition that if he fails to appear within the specified period, on the 11th day, this order shall automatically come to an end.
With the above directions, the petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether BWA issued against petitioner for non-appearance should be suspended.
1 provisions across 1 enactments
Romen Narah @ Roman Narah
State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
