Criminal revision under Section 482 CrPC challenging trial court orders and NBW issued against the petitioner facing trial under Sections 279/304(A)/427 IPC for non-appearance. The High Court set aside the impugned orders, directed recall of any NBW, and required appearance before the trial court on 17.02.2024.
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GAHC010017632024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./36/2024
MD. FARUK ALI
S/O- MD. CHAMCHUL ALI, R/O- VILL- DHUMGORA, P.O. AGGUMI, P.S. CHHAYGAON, DIST.- KAMRUP (R), ASSAM, PIN- 781137
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR S K SARKAR
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
15.02.2024
Heard the learned counsel Mr. S.K. Sarkar appearing for the petitioner. Also heard Ms. B. Bhuyan, learned Senior Counsel assisted by Mr. J. Das, learned counsel representing the State of Assam.
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This is an application under Section 482 of the CrPC challenging the orders dated 09.10.2023, 22.11.2023 and 21.12.2023 passed by the learned Chief Judicial Magistrate, Kamrup at Amingaon in PRC Case No.644/2022.
The petitioner has been facing trial in a case under Sections 279/304(A)/427 of the Indian Penal Code.
For certain reason, he could not appear on some dates in the court below. Therefore, the trial court issued Non-Bailable Warrant of Arrest (NBWA) against him.
After hearing both sides, this Court is of the opinion that the petitioner should be given a chance to face the trial.
According, the aforesaid impugned orders are set aside. The NBWA if any, issued in the meantime, shall be recalled.
The petitioner Md. Faruk Ali shall appear before the learned trial court on 17.02.2024 for receiving further order(s).
With the aforesaid direction, the criminal revision petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether orders of the trial court issuing NBW against the petitioner for non-appearance should be set aside so he can face trial.
2 provisions across 2 enactments
Md. Faruk Ali
The State of Assam rep. by the PP, Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
